Chapter 11:12

Protected Places And Areas Act

Acts 27/1959, 18/1965 (s. 32), 59/1967, 47/1976 (s. 24), 12/1986, 22/2001 (s. 4); R.G.Ns. 501/1962, 801/1963, 214/1964; S.I. 823/1979.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Authorization of guards and watchmen.
4. Protected places.
5. Protected areas.
6. Circumstances in which Minister may make orders.
7. Notification of orders and warning notices.
8. Measures for protection of protected place or area.
10. Summary jurisdiction of magistrates courts.
11. Warning notices to be erected at protected place or area.
12. Evidence of appointment of authorized person.
13. Evidence of orders.

 

 

1    Short title

This Act may be cited as the Protected Places and Areas Act [Chapter 11:12].

                       2    Interpretation

In this Act—

“area” means any area of land or water or both, whether or not there is any building or structure or part of a building or structure in that area;

“authorized officer” means any— (a) police officer;

(b)   person performing the duties of a guard or watchman in a protected place or a protected area and specially authorized in that behalf by a commissioned police officer under section three;

“Minister’’ means the Minister of Home Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“order” means an order made under section four or five;

“premises” means any building or structure or part of a building or structure, and includes any area surrounding such building or structure or part of a building or structure;

“protected area” means any area declared to be a protected area under section five;

“protected place” means any premises declared to be a protected place under section four.

                       3    Authorization of guards and watchmen

A police officer of or above the rank of superintendent may authorize any person performing the duties of a guard or watchman in a protected place or a protected area to exercise the powers of an authorized officer.

                       4    Protected places

• If, in regard to any premises, it appears to the Minister to be necessary or expedient that special precautions should be taken to prevent the entry of unauthorized persons or both to prevent such entry and to protect the premises or any part thereof against unlawful damage or sabotage, whether inside or outside the premises, he may, subject to section six, by order declare those premises to be a protected place for the purposes of this Act.
• So long as an order in terms of subsection (1) is in force, no person shall be in the premises to which the order relates unless he is in possession of a pass-card or permit issued by such authority or person as may be specified in the order, or has received the permission of an authorized officer on duty at those premises to enter them.
• Where under this section any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the authority or person granting the permission.
• An authorized officer, or any person authorized in that behalf by the occupier of the premises, may search any person entering, or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him.
• Directions given by an authority or any person under subsection (3) may include restrictions relating to—
• surveying or making sketches or taking photographs on the premises;
• any other matter which that authority or person considers to be necessary or desirable.
• If any person is in a protected place in contravention of this section or, while in such a place, fails to comply with any directions given under this section, he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment and he may, in addition, be removed from the place by an authorized officer or any person authorized in that behalf by the occupier of the premises.

Subsection amended by section 4 of Act 22 of 2001

• Pass-cards or permits issued under subsection (2) shall be in such form as the authority or other person issuing them may determine.

                       5    Protected areas

• If, in regard to any area, it appears to the Minister to be necessary or expedient that special measures should be taken to control the movement and conduct of persons, he may, subject to section six, by order declare such area to be a protected area.
• Any person who is in any protected area shall comply with such directions for regulating his movements and conduct as may be given by an authorized officer.
• An authorized officer may search any person entering, or seeking to enter, or being in, a protected area, and may detain any such person for the purpose of searching him.
• Directions given by an authorized officer under subsection (2) may include restrictions relating to—
• surveying or making sketches or taking photographs in the protected area;
• any other matter which that authorized officer considers to be necessary or desirable.

(5) If any person, whilst in a protected area, fails to comply with any direction given under subsection (2), he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment and he may, in addition, be removed from the area by an authorized officer.

Subsection amended by section 4 of Act 22 of 2001

                       6     Circumstances in which Minister may make orders

(1) The Minister may make an order in terms of section four or five— (a) during any period when—

• Zimbabwe is engaged in a war and during the period immediately following thereon until such date as may be declared by the President, by proclamation, as the end of the period of public emergency caused by that war; or
• a declaration under subsection (1) of section 31J of the Constitution is in effect in relation to the area wherein the proposed protected place or protected area is situated; or

(b) during any other period, if he considers on reasonable grounds that it is necessary to make the order in the interests of defence, public safety or public order.