Unlawful Organizations Act [Chapter 11:13]

 

Chapter 11:13

Unlawful Organizations Act

Acts 55/1971, 27/1975 (s. 9), 22/1992 (s. 4), 19/98 (s. 11), 22/2001 (s. 4) ; Ord. 10/1980

(TheUnlawfulOrganizationsAct[Chapter11:13]willberepealedbytheSuppressionofForeignandInternationalTerrorismAct[Chapter

11:21](No.5of2007)whenitcomesintooperation.)

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Declaration of organization to be unlawful.
4. Organization deemed to continue.
5. President may impose restrictions on office-bearers and officers of unlawful organizations.
6. Information to be furnished.
7. Winding up of unlawful organization.
8. Powers of entry and search.
9. Confiscation of articles seized.
12. Extra-territorial application of section 11.
13. Jurisdiction of magistrates courts.
14. Holding of proceedings in camera.
16. Authority required for prosecutions.

 

 

1    Short title

This Act may be cited as the Unlawful Organizations Act [Chapter 11:13].

                       2    Interpretation

In this Act—

“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture or any sound recording or other contrivance for the reproduction of sound;

“liquidator” means a person appointed in terms of subsection (1) of section seven to be the liquidator of an unlawful organization;

“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;

“office-bearer”, in relation to any organization, means a member of the governing body of—

• the organization; or
• any branch, section or committee of the organization; or
• any local, regional or subsidiary body forming part of the organization;

“officer”, in relation to any organization, means any person working for—

• the organization; or
• any branch, section or committee of the organization; or
• any local, regional or subsidiary body forming part of the organization;

“organization” means—

• any association of persons, whether incorporated or unincorporated, and whether it has been established or registered under any enactment;
• any branch, group, section or committee of an association or any local, regional or subsidiary body forming part of such an association;

“place” means any place, whether or not it is a public place, and includes any premises, building, flat, room or

office;

“public order” includes public security, the maintenance of law and order and the maintenance of any service essential to the life or well-being of the community;

“unlawful organization” means any organization which is declared under section three to be an unlawful organization .

                       3     Declaration of organization to be unlawful

• The President may, by proclamation, declare any organization to be an unlawful organization if it appears to the President that the activities of that organization or of any of the members of that organization are likely to endanger, disturb or interfere with defence, public safety or public order in Zimbabwe.

(1a) The President may, by proclamation, declare any organization to be an unlawful organization if the President is satisfied on reasonable grounds that the activities of the organization are aimed at promoting, inciting or propagating discrimination against any person or class of persons on the grounds of race, place of origin, national or ethnic origin, colour, creed or gender of any person or class of persons.

[Subsection inserted by section 11 of Act 19 of 1998]

• If the President is of the opinion that an organization— (a) is the parent organization of an unlawful organization; or
• is derived from the same parent organization as an unlawful organization; or
• is the successor to an unlawful organization; or
• is composed substantially though not necessarily predominantly of, or directed or controlled, directly or indirectly by, persons who have been or are office-bearers or officers of an unlawful organization; and that it is necessary in the interests of defence, public safety or public order in Zimbabwe, he may, by proclamation declare such first-mentioned organization to be an unlawful organization.
• A proclamation made in terms of subsection (1) or (2) shall not be open to question in any court of law, but shall be laid before Parliament as soon as may be after it has been published in the Gazette, and every such proclamation shall, unless confirmed by resolution of Parliament within twenty-one days of the date upon which it is so laid before it, lapse and cease to have effect from the date of the expiry of such period of twenty-one days.
• The President may repeal any proclamation made in terms of subsection (1) (1a) or (2).

[Subsection amended by section 11 of Act 19 of 1998]

                       4    Organization deemed to continue

For the purposes of subsections (1) and (2) of section three, an organization shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any of its members are associated together in any of the activities mentioned in subsection (1) of section three.

                       5     President may impose restriction on office-bearers and officers of unlawful organizations

(1) The President may, by notice in writing addressed and delivered or tendered to the person concerned, order any person who was an office-bearer, officer or member of an unlawful organization—

• to resign, within such period as may be specified in the notice, as an office-bearer, officer or member of any organization or class of organization specified in the notice; or
• not to become an office-bearer, officer or member of, or to take any other part whatever in the activities of, any organization or class of organization specified in the notice during such period, not exceeding three years, as may be specified in the notice; if he is satisfied that the activities of such person in such organization or class of organization are or would be likely to endanger, disturb or interfere with defence, public safety or public order in Zimbabwe.
• Any person who contravenes the terms of any notice given under subsection (1) 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.

[Subsection amended by section 4 of Act 22 of 2001]

• The President may at any time, by notice in writing, withdraw or vary any notice given under subsection (1).