Zimbabwe Congress of Trade Unions v Officer Commanding Police Harare Central District Chief Superintendent N. Saunyama (N.O) and Others

The applicant, Zimbabwe Congress of Trade Unions (ZCTU), a registered trade union conglomeration, notified the first respondent (Officer Commanding Police Harare Central District) on 15 August 2013 of its intended commemoration of Trade Union Rights scheduled for 14 September 2013. The event included cleaning Copacabana bus stop area and a march involving approximately 150 people. The first respondent initially granted cooperation and approval on 20 August 2013, specifying the route and conditions. However, on 3 September 2013, the first respondent withdrew the permission citing security reasons: (i) the political situation was not conducive as unscrupulous elements might hijack the programme, and (ii) intelligence indicated that some people were waiting to hijack any march or procession. The applicant approached the court urgently, contending that as a registered trade union organizing a procession for bona fide trade union purposes, it was exempt from the Public Order and Security Act notification requirements and did not require police permission.

• Whether a registered trade union conducting bona fide trade union activities requires permission from the regulating authority under the Public Order and Security Act [Cap 11:17]
• Whether sections 23, 24, 25 and 26 of the Public Order and Security Act apply to processions and gatherings organized for bona fide trade union purposes
• Whether the first respondent had the authority to withdraw permission for the applicant's procession
• Whether the applicant was entitled to interim relief interdicting police interference with its planned commemoration and procession

The court granted the provisional order as amended, with interim relief as follows: (1) The commemorations and procession organised by the applicant for 14 September 2013 are allowed to go ahead without hindrance from the respondents; (2) The respondents are directed to provide police escorts to ensure the security of the applicant's members during those activities; (3) The respondents or anyone acting on their instructions are hereby interdicted from interfering or stopping the commemorations and procession as planned by the applicant.

A registered trade union organizing a procession or gathering for bona fide trade union purposes is exempt from the notification requirements and regulatory provisions of sections 23, 24, 25 and 26 of the Public Order and Security Act [Cap 11:17] by virtue of section 26A read with the schedule to the Act. The regulating authority (police) has no power to grant or refuse permission for such trade union activities and cannot withdraw permission it had no authority to give in the first place. The constitutional duty of the police is to maintain law and order and protect citizens as they exercise their rights, including trade union rights to engage in commemorations and processions, rather than to prevent or curtail such rights.

The court made observations about the vague nature of the intelligence relied upon by the first respondent and dismissed claims about disturbance of business and traffic, noting that it is the duty of police to manage such situations and that processions in town are not unprecedented. The court commented that the first respondent appeared to be wallowing under a misunderstanding regarding his powers, presumably arising from a misreading of Part IV of the Public Order and Security Act. The court characterized the first respondent's attempt to regulate the workers' commemoration as 'an exercise in extreme futility' given his lack of authority to do so.

This case reinforces the principle that registered trade unions in Zimbabwe enjoy constitutional protection and exemption from the Public Order and Security Act when conducting bona fide trade union activities. It clarifies the limits of police regulatory authority over trade union processions and gatherings, establishing that police have a duty to facilitate and protect, rather than prohibit, lawful trade union activities. The judgment affirms the constitutional rights of workers to freedom of expression, association, and assembly in the context of trade union activities. It is significant in limiting executive and police overreach in regulating constitutionally protected activities and reinforces earlier jurisprudence on trade union rights in Zimbabwe.