SACCORD loses appeal 04.03.10
By Times Reporter THE High Court has upheld the decision by Government to de-register the Southern African Centre for Constructive Resolution of Disputes (SACCORD).
In 2004, the State appealed to the Supreme Court when the High Court ruled in favour of SACCORD after the minister of Home Affairs de-registered it.
The Supreme Court tolerated the State appeal but referred it back to the High Court for retrial.
The court decision came after the dismissal of an application by SACCORD for judicial review over the decision by then Home Affairs minister Ronnie Shikapwasha to de-register the organisation in 2004.
The application by SACCORD was dismissed on February 25, 2010, with costs.
High Court Judge Florence Lengalenga ruled that Lieutenant-General Shikapwasha, as minister of Home Affairs at the time, had legally exercised his statutory power to de-register the organisation.
She said the law empowers the minister to de-register any society deemed dangerous to State security.
The decision to de-register SACCORD was not in any way a violation of freedom of expression and association as enshrined in the Constitution.
In his application for judicial review, SACCORD executive director, Lee Habasonda wanted the court to declare Gen Shikapwasha’s decision to de-register the organisation null and void.
Ms Lengalenga, however, said the minister had in fact disclosed that SACCORD was a danger to State security.
And reacting to the court decision yesterday, SACCORD Information Officer Obby Chibuluma said the organisation would acknowledge the decision.
[Times of Zambia]
