Below are points raised by the MDC President, Morgan Tsvangirai in response to the order yesterday by a High Court Judge ordering the MDC and the MDC President to call off the mass action which starts tomorrow.
1 June 2003
Order to stop mass action invalid, and therefore illegal.
Neither the MDC nor myself received a proper notice of a hearing;
The purported notice handed to me by a police officer does indicate the date for the hearing;
The purported affidavit filed by the Commissioner of Police is irregular; it was not signed by the said Commissioner of Police;
Even assuming that the order is binding on me, which I deny, it has no effect as it merely interdicts me and the MDC from holding demonstrations. It does not interdict members of the public from participating in any form of mass action;
In addition, and in any event, the call for mass action was not only made by me and the MDC. Various organizations, including ZCTU, the NCA, Student movements, and other civil society groups called for mass action, but have not been enjoined to the so-called order. In effect, the mass action may proceed without the MDC or me;
The order was not served on me in terms of the rules of the court. I merely received a copy from a police officer in circumstances, which I believe to be a matter of courtesy.
Our lawyers have been informed of this development.
Morgan Tsvangirai
MDC President
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