Arrest of Miti, Pilato good

Arrest of Miti, Pilato good

The arrest and expected prosecution of Laura Miti and Musician Pilato is probably a blessing in disguise. It will give the Court another chance to explain whether citizens need to seek a permit from the police to hold peaceful protests or they are merely required to notify the police.

There are two issues here, the police will take Laura, Pilato and others to the magistrate court with the offence of disobeying lawful orders or conducting an illegal procession. But Miti and others will certainly argue that their case should be taken to the High Court or Constitutional Court as it hinges on fundamental, constitutional rights.

They will argue that their constitutional right to hold a peaceful protest has been violated and therefore the Constitutional Court should explain whether they were wrong to protest after notifying the police.

There is already a High Court precedence that states that citizens do not need a permit to protest but should only notify the police, the way the PF does when it suits them.

The High Court or Constitutional Court will either uphold or change this law depending on which judge will hear the matter. The PF cadres who sit in the Constitutional Court will almost certainly rule that citizens require permits.


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