Public Order And Security Act [Chapter 11:17]

 

Chapter 11:17

Public Order And Security Act

Act 1/2002, 23/2004 (s. 282), 6/2005 (s. 18), 18/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. [Repealed].
4. Regulating authorities.

PART II

OFFENCES AGAINSTCONSTITUTIONAL GOVERNMENT AND PUBLIC SECURITY

5. - 13 [Repealed].
6. Temporary prohibition of possession of certain weapons within particular police districts.
7. - 16 [Repealed].

PART III

OFFENCES AGAINSTPUBLIC ORDER 17.- 22.  [Repealed].

PART IV

GATHERINGS

23. Appointment of conveners and authorised officers in the case of processions and public demonstrations.
24. Appointment of responsible officers in the case of public meetings.
25. Notice of processions, public demonstrations and public meetings.
26. Consultations, negotiations, amendment of notices, and conditions with respect to processions, public demonstrations and public meetings to avoid public disorder.

26A. Exemption of certain gatherings from sections 23, 24, 25 and 26.

27. Temporary prohibition of holding of public demonstrations within particular police districts.

27A. Gatherings in vicinity of Parliament, courts and protected places.

27B. Appeals.

28. Civil liability in certain circumstances of convener of a gathering.
29. Powers of Police.
30. [Repealed].
31. [Repealed].

PART V

ENFORCEMENT AND PRESERVATION OF PUBLIC ORDER AND SECURITY

32. Persons to carry identity documents.
33. Cordon and search.
34. Powers of stopping and searching.
35. Powers of police officers in relation to aircraft, aerodromes and airstrips.

PART VI

GENERAL

36. [Repealed].
37. When Defence Forces may assist Police Force under this Act.
38. Powers of seizure and forfeiture in relation to vehicles, aircraft and vessels.
39. Powers of search, seizure and forfeiture generally.
40. Special jurisdiction of magistrates.
41. Amendment of Schedule.
42. Saving of other laws as to riotous gatherings, etc.

SCHEDULE

Classes of gatherings to which sections 23, 24, 25 and 26 do not apply.

AN ACT to make provision for the maintenance of public order and security in Zimbabwe; to amend the Citizenship of Zimbabwe Act [Chapter 4:01], the Criminal Procedure and Evidence Act [Chapter 9:07] and the Miscellaneous Offences Act [Chapter 9:15]; to repeal the Law and Order (Maintenance) Act [Chapter 11:07]; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement : 22nd January, 2002]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Public Order and Security Act [Chapter 11:17].

2    Interpretation In this Act

“act of insurgency, banditry, sabotage or terrorism” ….

[Definition repealed by section 282 of Act 23 of 2004]

“authorised officer” means a police officer appointed in terms of section 23(4) or (5);

[Definition inserted by section 2 of Act 18 of 2007]

“bomb” …..

[Definition repealed by section 282 of Act 23 of 2004]

“convener” means—

• any person who, of his or her own accord, convenes a gathering; and
• in relation to any organisation, any person appointed by such organisation in terms of section

23(1);

[Definition inserted by section 2 of Act 18 of 2007]

“convening notice” means a notice of a gathering referred to in section 25;

[Definition inserted by section 2 of Act 18 of 2007]

“election period” has the meaning given to that term by the Electoral Act [Chapter 2:13];

[Definition inserted by section 2 of Act 18 of 2007] “essential service …..

[Definition repealed by section 282 of Act 23 of 2004]

“gathering” means—

• a procession or public demonstration; or
• a public meeting;

[Definition inserted by section 2 of Act 18 of 2007] “insurgent, bandit, saboteur or terrorist” …..

[Definition repealed by section 282 of Act 23 of 2004]

“law enforcement agency” …..

[Definition repealed by section 282 of Act 23 of 2004]

“meeting” means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters;

“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;