The court
made the ruling Wednesday in an application by nine women who were contesting
their arrest. The women were arrested in Harare in March 2014 during an
operation by police code-named “No to Robberies and Prostitution.”
The court
declared the arrest and prosecution unconstitutional. The court’s consent order
read in part:
“By consent, it is ordered as follows, that the prosecution and
remand of the accused persons on allegations of contravening Section 81 (2) of
the Criminal Law Codification and Reform Act (Chapter 9:23) on March 17 2014
amount to a deprivation of their personal liberty in contravention of Section
49 (1) (b) of the Constitution and are a denial of the fundamental right of the
applicants to the protection of the law guaranteed under Section 56(1) of the
Constitution of Zimbabwe.”
Women rights activists had for long complained about
the gender discrimination associated with the police’s operations that had
become a common feature in the capital, Harare. Most times, women were arrested
and charged with loitering for the purposes of prostitution simply on suspicion
arising from wearing miniskirts.
DailyTimes

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