THE Southern African Centre for the Constructive Resolution of Disputes (SACCORD) has obtained an order to stay the execution of the judgment to deregister the organisation.
High Court Judge Florence Lengalenga said the execution of the judgment delivered on February 25 this year be stayed pending determination of the appeal to the Supreme Court.
"Upon hearing counsel for the applicant and reading the affidavit of Lee Habasonda, it is hereby ordered that execution of the judgment be stayed pending determination of the appeal by the Supreme Court, costs be in the cause," she stated.
The High Court had upheld the decision by the Government to deregister the SACCORD following the court's dismissal of an application by the organisation for judicial review over the decision by then Home Affairs minister Ronnie Shikapwasha to deregister the organisation in 2004.
Judge Lengalenga ruled that the minister of Home Affairs legally exercised his statutory power to deregister SACCORD.
The judge noted that the law empowered the minister to deregister any society deemed dangerous to State security.
She also ruled that the deregistration of SACCORD did not violate the freedom of expression and association as enshrined in the Constitution.
In the application for judicial review, SACCORD executive director Mr Habasonda wanted the court to declare the deregistration of his organisation null and void.
Mr Habasonda argued that the minister did not disclose reasons for the deregistration of his organisation and did not accord him the right to be heard before such an action was taken.
Judge Lengalenga, however, stated that the minister had disclosed that SACCORD was inimical and a danger to State security.
In 2004, High Court Judge Naboth Mwanza declared the deregistration of SACCORD null and void, forcing the State to appeal to the Supreme Court.
The Supreme Court then re-sent the case to the High Court for allocation before another judge for re-trial.

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