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Law and Order (Maintenance) Act


Published: 1992

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ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title.

2. Interpretation.

3. Responsibility for maintenance of law and order.

4. Clarification of existing law.

5. Regulating authorities.

PART II

PROCESSIONS, GATHERINGS AND MEETINGS

6. Control of public processions.

7. Prohibition of public gatherings on Christmas day.

8. Control of public gatherings.

9. Prohibition against use of loud speakers.

10. Power of regulating authority to prohibit public processions in particular circumstances.

11. Power of regulating authority to prohibit public gatherings in particular circumstances.

12. Power of Minister in regard to public gatherings in particular circumstances.

13. Power to prohibit individual from attending public gatherings.

14. Penalty for preventing recording of proceedings of gathering or meeting.

15. Unlawful gatherings.

16. Control of crowds in various places.

17. Powers of police officers.

PART III

PRINTED PUBLICATIONS

18. Prohibited publications.

19. Offences in connection with prohibited publications.

20. Power to detain and examine packages.

PART IV

VARIOUS OFFENCES

21. Prohibition of uniforms in connection with political objects.

22. Prohibition of quasi military organizations.

23. Prohibition against unlawful drilling.

24. Prohibition against unlawful recruitment and training.

25. Prohibition against unlawful oaths to commit capital offence.

26. Prohibition against unlawful oaths to commit other offences.

27. Intimidation.

28. Prohibition against request for production of political token.

29. Boycotting.

30. Statements threatening or encouraging violence.

31. Prohibition against certain acts.

32. Penalty for inciting to strike in essential services.

33. Use of opprobrious epithets in relation to employment.

34. Penalty for interfering with essential services.

35. Penalty on endeavour to break up public meeting.

36. Prohibition of offensive conduct conducive to breaches of the peace.

37. Prohibition against possession of offensive weapons or material.

38. Penalty for certain offences against persons and property.

39. Undermining of police authority.

40. Persons causing disaffection among police.

41. Penalty for undermining lawful authority.

42. Penalty for assault on peace officer or assistant.

43. Reliance on non-natural means to subvert authority.

44. Subversive statements.

45. Publication of alleged subversive statements.

46. Undermining authority, etc. of President.

47. Penalty for throwing articles at motor vehicles.

48. Penalty for throwing articles at other vehicles and other acts of violence.

49. Unlawful use of firearms and explosives.

50. Prohibition against publication of false news.

51. Acts of terrorism or sabotage.

52. Harbouring of or failure to report terrorists.

PART V

MISCELLANEOUS

53. Certain offences to have extra-territorial operation.

54. Curfew.

55. Forfeiture of property.

56. Persons deemed to have published prohibited publication or subversive statement.

57. Regulations in interests of public safety.

58. Acts or conduct which constitute incitement to public violence.

59. Powers of search.

60. Saving of other laws as to dispersal of riotous gatherings.

61. Special jurisdiction of magistrates.

62. Forfeiture.

63. Authority of Attorney-General required for prosecution of certain offences.

64. Minister to publish details of certain orders.

FIRST SCHEDULE: Classes of Public Gatherings to Which Sections 7 and 9 do not Apply.

SECOND SCHEDULE: Offences in Respect of Which Section 52 Applies.

AN ACT to make further provision for the maintenance of law and order in Zimbabwe; to provide for the prohibition in the public interest of the printing, publication, dissemination and possession of certain publications; and to provide for other matters connected with the foregoing. [Date of commencement: 2nd December, 1960.]

PART I

PRELIMINARY

1 Short title

This Act may be cited as the Law and Order (Maintenance) Act [Chapter 11:07].

2 Interpretation

(1) In this Act-

"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;

"police officer" means any member of a police force established under any enactment or of any body of persons carrying out under any enactment the powers, duties and functions of a police force in Zimbabwe;

"public gathering" means a gathering of twelve or more persons in a public place, and in Part II includes-

(a) a public meeting;

(b) any gathering of more than two hundred persons, whether or not such gathering takes place in a public place and whether or not it is confined to persons who are members of a particular organization, association or other body or persons who have been invited to attend such gathering;

"public meeting" includes any meeting in a public place and any meeting which the public or any section thereof is permitted to attend, whether on payment or otherwise;

"public place" means-

(a) any street, road, passage, square, park or recreation ground or any open space to which for the time being the public or any section thereof has or is permitted to have access, whether on payment or otherwise;

(b) any place described in paragraph (a) notwithstanding that it is private property and has not been dedicated to the use of the public or is situated in any area set aside for occupation by persons of a particular class;

"public procession" means a procession of persons or vehicles or both persons and vehicles in a public place and includes a spontaneous gathering in procession in a public place of persons or vehicles or persons and vehicles in pursuit of a common purpose of demonstrating support for, or opposition to, any person, matter or thing; "regulating authority", in relation to any area, means the police officer who is, in terms of subsection (1) of section five, the regulating authority for that area.

(2) For the purposes of sections thirty-two, thirty-four and fifty-one- "essential service" includes-

(a) any hospital service;

(b) any transport service;

(c) any service relating to the generation, supply or distribution of electricity;

(d) any service relating to the supply and distribution of water;

(e) any sewerage or sanitary service;

( f ) any service relating to the production, supply, delivery or distribution of food, fuel or coal;

(g) any fire brigade; (h) coal mining;

(i) communications;

and any other service declared by the President, by statutory instrument, to be an essential service for the purposes of this Act.

3 Responsibility for maintenance of law and order

(1) The responsibility for the maintenance of law and order in Zimbabwe is vested in the Government.

(2) Every police officer is charged with the general duty of maintaining law and order in Zimbabwe, of taking all steps which on reasonable grounds appear to him to be necessary for preserving the peace, for preventing crime, for protecting property from malicious injury, for the detection of crime, for apprehending offenders and for suppressing all forms of civil commotion or disturbance that may occur in any part of Zimbabwe.

(3) Nothing in subsection (2) shall be construed as authorizing any police officer to disobey the lawful order or direction of a superior officer or person placed in authority over him.

4 Clarification of existing law

For greater clarification of existing law, it is hereby declared that-

(a) the freedom commonly called the freedom of public assembly does not confer on any individual a right to be at any place situated on land belonging to the State or vested in the President or belonging to or vested in a local authority or any other person;

(b) roads, streets, lanes, paths, pavements, sidewalks, thoroughfares and the like exist for the free passage of persons and vehicles along them and not for the exercise by any individual of the freedom of public assembly.

5 Regulating authorities

(1) In subsection (2)-

"police district" means an area designated by the Commissioner of Police as a police district for the purposes of the administration of the Police Force.

(2) The police officer in command of each police district shall be the regulating authority for the area of that police district.

PART II

PROCESSIONS, GATHERINGS AND MEETINGS

6 Control of public processions

[Note: The Supreme Court has held that this section is invalid, in that it contravenes sections 20 and 21 of the Constitution]

(1) A regulating authority may issue directions for the purpose of controlling the conduct of public processions within his area and the route by which, and the times at which, a public procession may pass.

(2) Any person who wishes to form a procession shall first make application in that behalf to the regulating authority of the area in which such procession is to be formed, and if such authority is satisfied that such procession is unlikely to cause or lead to a breach of the peace or public disorder, he shall, subject to section ten, issue a permit in writing authorizing such procession and specifying the name of the person to whom it is issued and such conditions attaching to the holding of such procession as the regulating authority may consider necessary to impose for the preservation of public order.

(3) Without prejudice to the generality of subsection (2), the conditions which may be imposed under that subsection may relate to-

(a) the date upon which, and the place and time at which, the procession is authorized to take place; and

(b) the maximum duration of the procession; and to any other matter designed to preserve public order.

(4) A direction issued in terms of this section shall have effect immediately it is issued and may be published-

(a) in a newspaper circulating the area to which it applies; or

(b) by notice distributed among the public or affixed upon public buildings in the area to which it applies; or

(c) by oral announcement of a police officer; and shall in any event be published in the Gazette.

(5) Any person who knowingly-

(a) opposes or disobeys any direction issued under subsection (1); or (b) violates any condition of a permit issued under subsection (2); shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

(6) Any person who convenes, directs or takes part in a public procession for which a permit under subsection (2) has not been obtained shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

(7) Any person who publishes, distributes or in any manner whatsoever circulates a notice convening or advertising any public procession for which a permit has not been obtained under subsection (2) or who forces, encourages or persuades or attempts to force, encourage or persuade any person to take part in such a procession shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

(8) A police officer may order the persons taking part in any public procession to disperse if any direction issued under subsection (1) or if any condition of a permit issued under subsection (2) has been violated.

(9) Any person who fails to comply with an order given in terms of subsection (8) shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding six months.

7 Prohibition of public gatherings on Christmas Day

(1) Subject to subsection (2), no person shall organize a public gathering to be held on Christmas Day or convene, hold, address or attend a public gathering on Christmas Day.

(2) Subsection (1) shall not apply in respect of a public gathering of a class described in the First Schedule or any public gathering in respect of which the Minister has granted a permit under his hand.

(3) The Minister may, by statutory instrument, at any time add to, amend or replace the First Schedule.

(4) Any person who contravenes this section shall be guilty of an offence and liable-

(a) on a first conviction, to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding twelve months;

(b) on a subsequent conviction, to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

8 Control of public gatherings.

(1) A regulating authority may issue directions for the purpose of controlling public gatherings within his area, and for the maintenance of law and order and the preservation of public safety and the prevention of intimidation at such gatherings: Provided that a regulating authority may, in the exercise of his powers in terms of this subsection, by notice in writing directed to the convenor of a public gathering to be held on a Sunday or other public holiday, prohibit the holding of such public gathering if, in the opinion of the regulating authority, there are insufficient police officers available to control such public gathering.

(2) Directions in terms of subsection (1) may be issued in respect of-

(a) all public gatherings or any class of public gatherings specified in the directions; or

(b) any public gathering specified in the directions;

and such directions may relate to public gatherings in the whole of the area for which the regulating authority is appointed or in any part thereof specified in such directions.

(3) Different directions may be given in respect of different public gatherings or different classes of public gatherings or public gatherings in different parts of the area for which the regulating authority is appointed.

(4) A direction issued in terms of this section shall have effect immediately it is issued and may be published-

(a) in a newspaper circulating in the area or in the part thereof to which it applies; or

(b) by notices distributed among the public or affixed upon public buildings in the area or in the part thereof to which it applies; or

(c) by oral announcement of a police officer;

and shall in any event be published in the Gazette.

(5) The person who is convening a public gathering shall, at the request of the regulating authority, grant adequate facilities to the satisfaction of such authority for the recording of the proceedings of the gathering in such manner and by such person or class of persons as such authority may specify:

Provided that the convenor shall not be required to provide equipment.

(6) Any person who opposes, disobeys or fails to comply with any direction issued under subsection (1) or who, being required in terms of any such direction to furnish information, furnishes information which is false, shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

(7) Any person who fails to comply with subsection (5) shall be guilty of an offence and liable to a fine not exceeding fifty dollars or to imprisonment for a period not exceeding three months.

(8) A police officer may order the persons present at a gathering to disperse if any direction issued by a regulating authority which is applicable to such gathering has not been complied with.

(9) Any person who fails to comply with an order given in terms of subsection (8) shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

(10) Any person who, in contravention of any directions issued in terms of this section, addresses a public gathering shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for period not exceeding six months.

9 Prohibition against use of loud speakers

(1) No person shall in any public place use any loud speaker, public address system or other instrument or device for the purpose of calling persons together or of addressing a public gathering unless the permission of the regulating authority for the area concerned has first been obtained:

Provided that this subsection shall not apply to the use of any such loud speaker, public address system or other instrument or device at-

(a) a public gathering of a class described in the First Schedule or a public gathering in respect of which the Minister has granted a permit referred to in subsection (2) of section seven; or

(b) a shop, factory or other premises for purposes incidental or ancillary to the business carried out thereon.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

10 Power of regulating authority to prohibit public processions in particular circumstances

(1) If at any time the regulating authority is of opinion that by reason of particular circumstances existing in his area or any part thereof serious public disorder may be occasioned by the holding of public processions in that area or part, he may make an order prohibiting for such period, not exceeding three months, as may be specified in such order, the holding of all public processions or any class of public processions so specified either in the area or in that part thereof, as the case may be, subject to such exceptions, if any, as may be specified:

Provided that such order shall cease to have effect upon the expiry of a period of seventy-two hours from the time it is made by the regulating authority unless the Minister has, within that period, confirmed the order.

(2) The Minister may, in confirming any such order, vary it, and any order so varied and confirmed shall be deemed to be the order of the regulating authority who made the original order.

(3) Any person who organizes or assists in organizing or takes part in any public procession held or intended to be held in contravention of an order made under this section shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year. (4) An order made in terms of this section shall be published-

(a) in the Gazette; or

(b) in a newspaper circulating in the area or in the part thereof to which the prohibition applies; or

(c) by notices distributed among the public or affixed upon public buildings in the area or in the part thereof to which the prohibition applies.

(5) The regulating authority may revoke any order made by him in terms of this section.

11 Power of regulating authority to prohibit public gatherings in particular circumstances

(1) If at any time the regulating authority is of opinion that by reason of particular circumstances existing in his area or in any part thereof serious public disorder may be occasioned by the convening of a public gathering in that area or part, he may make an order prohibiting for such period, not exceeding three months, as may be specified in such order, the convening of a specified public gathering or the convening of all public gatherings or any class of public gatherings so specified, either in the area or in that part thereof, as the case may be, subject to such exceptions, if any, as may be specified:

Provided that such order shall cease to have effect upon the expiry of a period of seventy-two hours from the time it is made by the regulating authority unless the Minister has, within that period, confirmed the order.

(2) The Minister may, in confirming any such order, vary it, and any order so varied and confirmed shall be deemed to be the order of the regulating authority who made the original order.

(3) Any person who convenes or assists in convening or takes part in any public gathering held or intended to be held in contravention of an order made under this section shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

(4) Any person who is present at any public gathering held in contravention of an order made under this section shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

(5) An order made in terms of this section shall be published-

(a) in the Gazette; or

(b) in a newspaper circulating in the area or in the part thereof to which the prohibition applies; or

(c) by notices distributed among the public or affixed upon public buildings in the area or in the part thereof to which the prohibition applies.

(6) The regulating authority may revoke any order made by him in terms of this section.

12 Power of Minister in regard to public gatherings in particular circumstances (1) If at any time the Minister considers that it is desirable for the maintenance of law and order to do so, he may by order exercise any of the following powers- (a) prohibit the assembly of a particular public gathering;

(b) prohibit all public gatherings for such period, not exceeding twelve months, as may be specified in the order;

(c) prohibit all public gatherings on any particular day or days of the week specified in the order during such period, not exceeding twelve months, as may be specified in the order;

(d) prohibit the convening by all organizations or by any specified organization of a public gathering for such period, not exceeding twelve months, as may be specified in the order;

(e) prohibit the convening by any specified organization or specified person of a public gathering on any particular day or days of the week specified in the order for such period, not exceeding twelve months, as may be specified in the order; ( f ) restrict the hours during which public gatherings or public gatherings convened by any specified organization or specified person or public gatherings in any specified place or area may be held on any day;

(g) impose conditions relating to the maintenance of public order or safety to which all organizations or any specified organization or specified person shall be subject in convening a public gathering.

(2) An order made in terms of this section may be subject to such exceptions as may be specified therein.

(3) A gathering which is held in contravention of an order made under this section or at which a condition imposed by an order made under this section is not complied with shall be an unlawful gathering.

(4) Any person who convenes or assists in convening or takes part in any unlawful gathering as defined in subsection (3) shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

(5) Any person who is present at any unlawful gathering as defined in subsection (3) shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months. (6) An order made in terms of this section shall be published-

(a) in the Gazette; or

(b) in a newspaper circulating in Zimbabwe or in the part thereof to which the order applies; or

(c) by notices distributed among the public or affixed upon public buildings in Zimbabwe or in the part thereof to which the order applies; or

(d) in such other manner as the Minister may consider sufficient to bring the order to the knowledge of the general public in the area to which it relates.

(7) The Minister may revoke any order made by him in terms of this section.

13 Power to prohibit individual from attending public gatherings

(1) If at any time the Minister considers that it is desirable for the maintenance of law and order to do so, he may by notice under his hand, addressed and delivered or tendered to a particular person, prohibit such person from attending any public gathering within Zimbabwe or any part thereof and during a period, not exceeding twelve months, specified in such notice, subject to such exceptions, if any, as may be specified.

(2) A notice in terms of subsection (1) shall have effect immediately it is delivered or tendered in terms of that subsection and shall contain a statement informing the person of his right to object and to make representations in writing to the Minister within seven days therefrom.

(3) If any representations in terms of subsection (2) are received within seven days of the delivery or tender of the notice, the Minister shall consider the case and either revoke the notice or notify the person to whom it relates of his refusal to do so.

(4) The Minister may vary or revoke any notice issued by him in terms of this section.

(5) Any person who, in contravention of a notice delivered or tendered to him in terms of subsection (1), attends any public gathering shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

14 Penalty for preventing recording of proceedings of gathering or meeting

Any person who in any manner prevents, obstructs or interferes with the recording in terms of section eight of the proceedings of a public gathering shall be guilty of an offence and may be arrested without warrant, and shall be liable-

(a) on a first conviction, to imprisonment for a period not exceeding one year;

(b) on a subsequent conviction, to imprisonment for a period not exceeding five years. 15 Unlawful gatherings

(1) If three or more persons are assembled in a public place or at a public meeting and conduct themselves in such a manner that a police officer has reasonable grounds for believing that a breach of the peace is likely to occur or that public disorder is likely to be occasioned, he may call upon the persons assembled to disperse, and for that purpose he shall endeavour to obtain the attention of those persons by such lawful means as he considers most suitable, and then in a loud voice order them to depart forthwith from the place of assembly.

(2) An order in terms of subsection (1) shall be repeated by the police officer three times and if any person fails so to depart immediately after an order is so given and repeated, the persons so remaining shall be deemed to be an unlawful gathering and to have taken part in an unlawful gathering.

(3) Any person who in terms of subsection (2) is deemed to have taken part in an unlawful gathering shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

(4) If any person, having been ordered to depart in terms of subsection (1), moves from the place of assembly and assembles at some other place in the vicinity, such person shall be deemed to have failed to depart from the first place of assembly.

(5) Any person who prevents or obstructs a police officer from acting in terms of subsection (1) or (2) shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(6) If, after an order is given and repeated in terms of subsections (1) and (2), any persons continue to assemble, or if the giving or repeating of such an order is prevented and any persons continue to assemble, the police officer and any other person acting in aid of him may do all things reasonably necessary for dispersing the persons so continuing assembled or for arresting them or any of them, and if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceedings for having by the use of such force caused harm or death to any person.

(7) When the Defence Forces are acting in aid of the civil power, a commissioned officer of such forces shall have the same powers under this section as a police officer.

(8) For the purposes of this section it is immaterial whether the persons are assembled independently of each other or at the instigation of any person.

16 Control of crowds in various places

(1) A police officer may give such orders, directions or instructions as appear to him to be necessary or expedient in the circumstances-

(a) for the preservation of the peace or the proper maintenance of public order in-

(i) any public place; or

(ii) any premises which the police officer has entered by virtue of the powers conferred upon him by subsection (2) of section seventeen; or

(b) for preventing the obstruction of roads, pavements or thoroughfares in the vicinity of any of the following places-

(i) a residence for the time being occupied by the President, a Vice-

President, a Minister or a Deputy Minister;

(ii) Parliament, a court of law, a police station or police camp, a prison or lock-up or an office of the State;

(iii) the residence of or the premises occupied as offices by a diplomatic agent or a consular officer who is entitled to privileges and immunities in terms of the

Privileges and Immunities Act [Chapter 3:03];

(iv) a theatre, cinema or other place of public resort;

(v) a public place;

or in any case where the roads or pavements may be thronged or may be liable to be obstructed.

(2) Any person who fails to comply with an order, direction or instruction given in terms of subsection (1) shall be guilty of an offence and may be arrested without warrant, and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding twelve months.

17 Powers of police officers

(1) For the purposes of subsection (2)-

"premises" does not include a private domestic residence;

"private premises" means premises to which the public have access, whether on payment or otherwise, only by permission of the owner, occupier or lessee of the premises.

(2) For the proper exercise of his preventive powers and the proper execution of his preventive duties, a police officer may-

(a) at a gathering of persons forbid any person from addressing such gathering;

(b) enter and remain on any premises, including private premises, at which three or more persons are gathered;

whenever he has reasonable grounds for believing that a breach of the peace is likely to occur or that a seditious or subversive statement is likely to be made.

(3) A police officer of or above the rank of inspector may, if it appears to him necessary or expedient for the prevention of public disorder, the protection of persons or property, the apprehension of offenders or the prevention of crime, establish a cordon around any area.

(4) Any person who, otherwise than in terms of a written permit issued by a police officer, enters or leaves any area around which a cordon has been established in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months.

PART III

PRINTED PUBLICATIONS

18 Prohibited publications

(1) For the purposes of this section-

"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form or shape or in any manner capable of suggesting words or ideas, and any gramophone record or other similar means of representing speech, and every copy and reproduction of any publication;

"periodical publication" includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular.

(2) If the President is of the opinion that the printing, publication, dissemination or possession of any publication or series of publications is likely to be contrary to the interests of public safety or security, he may, by order published in the Gazette and in such newspapers as he may consider necessary, declare that printed publication or series of publications, or all publications published by any person or association of persons, to be a prohibited publication or prohibited publications, as the case may be: Provided that no order shall be made under this subsection in respect of any newspaper which at the 2nd December, 1960, was registered as a newspaper under the Printed Publications Act [Chapter 75 of 1963] unless Parliament has by resolution authorized the making of such order.

(3) If an order made under subsection (2) specifies by name a publication which is a periodical publication, such order shall, unless a contrary intention is expressed therein, have effect-

(a) with respect to all subsequent issues of such publication; and

(b) not only with respect to any publication under that name, but also with respect to any publication under any other name if the publishing thereof is in any respect a continuation of or in substitution for the publication named in the order.

(4) If an order made under subsection (2) declares all publications published by a specified person or association of persons to be prohibited publications, such order shall, unless a contrary intention is expressed therein, have effect not only with respect to all publications published by that person or association of persons before the date of the order but also with respect to all publications so published on or after such date.

(5) An order made under subsection (2) shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publication specified in the order.

(6) The President may revoke any order made by him in terms of this section.

(7) An order made by the President in terms of this section shall be final and may not be varied or set aside by any court.

(8) The Minister shall, as soon as may be after the making of an order in terms of subsection (2), lay a copy thereof before Parliament. 19 Offences in connection with prohibited publications

(1) Any person who prints, publishes, disseminates, distributes, sells, offers for sale or reproduces any prohibited publication or any extract therefrom shall be guilty of an offence and liable-

(a) on a first conviction, to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year;

(b) on a subsequent conviction, to a fine not exceeding four hundred dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(2) Any person who, without lawful excuse, has in his possession any prohibited publication or any extract therefrom shall be guilty of an offence and liable- (a) on a first conviction, to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months;

(b) on a subsequent conviction, to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

20 Power to detain and examine packages

(1) It shall be lawful for the Postmaster-General or any other employee of the Posts and Telecommunications Corporation authorized by him in that behalf or any officer of customs or any other person authorized in that behalf by the Minister to detain, open and examine any package or article which he suspects to contain any prohibited publication or extract therefrom, and during such examination to detain any person distributing or posting such package or article or in whose possession it is found.

(2) If any prohibited publication or extract therefrom is found in a package or article referred to in subsection (1), the whole package or article may be impounded and retained by the officer or authorized person concerned, and the person distributing or posting such package or article or in whose possession it is found may forthwith be arrested.

PART IV

VARIOUS OFFENCES

21 Prohibition of uniforms in connection with political objects

(1) In this section-

"uniform" includes an armlet and any article of clothing, and any other thing which the Minister, by statutory instrument, declares to be a uniform for the purposes of this section.

(2) Subject to this section, any person who in any public place or at any public meeting-

(a) wears, carries or displays an article which is prescribed as being an article which signifies, implies or suggests or is or has been reputed to signify, imply or suggest membership of or support for or adherence to an organization which is an unlawful organization in terms of the Unlawful Organizations Act [Chapter 11:13]; or (b) not being a member of a lawfully established police or military force, wears any uniform, badge, insignia, card, sash or other thing whatsoever, or carries any banner, placard, notice or other thing whatsoever, likely to signify, imply or suggest that he is a member of a police or military force; or

(c) not being a member of a lawfully established police or military force, by words, conduct or demeanour pretends, conveys or suggests that he is a member of a police or military force or has some authority or power ordinarily associated with a duly established police or military force; or

(d) displays any banner, placard or notice bearing any slogan or words or emblem which is likely to lead to public disorder or to strike action being taken; or (e) sings any song or utters any slogan which is likely to lead to public disorder;

shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

(3) If the Minister is satisfied that the wearing of any such uniform as is mentioned in subsection (2) on any ceremonial anniversary or other special occasion will not be likely to lead to public disorder, he may by order permit the wearing of such uniform on that occasion, either absolutely or subject to such conditions as may be specified in the order.

(4) The court by which any person is convicted of an offence under this section may direct that the uniform or flag in respect of which the offence has been committed shall be forfeited or destroyed.

(5) In any prosecution for a contravention of paragraph (a) of subsection (2) it shall be presumed, unless the contrary is proved, that a uniform alleged to have been worn by the person named in the indictment, summons or charge is a uniform associated with a political organization or with the promotion of a political object.

22 Prohibition of quasi military organizations

(1) If the members or adherents of any association of persons, whether incorporated or not, are-

(a) organized or trained or equipped for the purpose of enabling them to be employed in such a manner that such employment usurps or is intended to usurp the functions of the police or of the Defence Forces; or

(b) organized and trained or organized and equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object or in such manner as to arouse reasonable apprehension that they are organized and trained or equipped for that purpose;

then any person who takes part in the control or management of the association or in so organizing or training as aforesaid any members or adherents thereof, and any member or adherent thereof who submits to being so organized or trained as aforesaid, shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(2) In any proceedings under this section, proof of things done or of words written, spoken or published by any person taking part in the control or management of an association or in organizing, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association, whether those members or others, were organized, trained or equipped. 23 Prohibition against unlawful drilling

(1) In subsection (2)-

"proper authority" means the Minister or any officer in the Public Service duly authorized by the Minister to grant permission under subsection (2).

(2) No person shall-

(a) without the permission of the proper authority, train or drill any other person in the use of arms or the practice of military exercises; or

(b) be present at any gathering of persons for the purpose of training or drilling them in the use of arms or the practice of military exercises unless the permission of the proper authority for such training or drilling has been obtained; or (c) submit to being trained or drilled in the use of arms or the practice of military exercises or be present at any gathering for the purpose of being so trained or drilled, unless the permission of the proper authority for such training or drilling has been obtained.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(4) This section shall not apply to the training or drilling of persons under and in accordance with any enactment relating to the Defence Forces.

24 Prohibition against unlawful recruitment and training

(1) Any person who recruits or encourages, inside or outside Zimbabwe, any person to attend a course or undergo training, inside or outside Zimbabwe, for the purpose of furthering a political object by the use of physical force, violence, sabotage, intimidation, civil disobedience, resistance to law or other unlawful means within Zimbabwe shall be guilty of an offence and be liable to imprisonment for life.

(2) Any person who attends any course or undergoes any training referred to in subsection (1) shall be guilty of an offence and liable to imprisonment for life.

(3) If in any proceedings in respect of an offence in terms of this section it is proved that the accused has attended a course or undergone training or recruited or encouraged any person to attend a course or undergo training which could be used in furthering any political object by the use of physical force, violence, sabotage, intimidation, civil disobedience, resistance to law or other unlawful means within Zimbabwe, it shall be presumed, until the contrary is proved, that such person attended such course or underwent such training or recruited or encouraged a person to attend such course or undergo such training, as the case may be, for the purpose of furthering a political object by the use of such means within Zimbabwe.

25 Prohibition against unlawful oaths to commit capital offence

Any person who-

(a) administers or is present at the administering of any oath or undertaking in the nature of an oath purporting to bind the person who takes it to commit any offence punishable with death; or

(b) takes any such oath or undertaking not being compelled to do so; shall be guilty of an offence and liable to imprisonment for a period not exceeding twenty years.

26 Prohibition against unlawful oaths to commit other offences

Any person who-

(a) administers or is present at the administering of any oath or undertaking in the nature of an oath purporting to bind the person who takes it to act in any of the following ways-

(i) to engage in any mutinous, seditious or subversive enterprise;

(ii) to commit any offence not punishable with death;

(iii) to disturb the public peace;

(iv) to be a member of an association or society formed for the purpose of doing any such act as aforesaid:

(v) to obey the orders or commands of any committee or body of men not lawfully constituted or of any leader or commander or other person not having authority by law for that purpose;

(vi) not to inform or give evidence against any associate or other person; (vii) not to reveal or discover any unlawful association or society or any illegal act done or to be done or any illegal oath or undertaking that may have been administered or tendered to or taken by himself or any other person or the import of any such oath or undertaking;

or

(b) takes any such oath or undertaking not being compelled to do so; shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

27 Intimidation

Any person who, without lawful excuse, the proof whereof lies on him-

(a) watches or besets any premises or place or the approaches to any such premises or place; or

(b) persistently follows some other person about from place to place; or

(c) does any act or behaves in a manner which is likely to make some other person apprehensive as to what may happen to such other person or to any member of such other person's family or to any dependant of such other person, or to any property, business or interest of such other person, member or dependant, or to any dwelling occupied by such other person, member or dependant, or to any building occupied by such other person, member or dependant, or at which such other person, member or dependant is employed, or to any business or undertaking in which such other person, member or dependant is employed; or

(d) does any act or behaves in a manner which is likely to compel or induce some other person to do some act which such other person is not legally obliged to do; or

(e) does any act or behaves in a manner which is likely to compel or induce some other person to refrain from doing some act which such other person is legally entitled to do; or

( f ) demands that any person should join or refrain from joining a political party or political organization or a particular such party or organization or endeavours to compel a person to do so; or

(g) demands from some other person the production of any document, badge or other thing whatsoever signifying that such other person is a member of any particular political party or political organization;

shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

28 Prohibition against request for production of political token

(1) In subsection (2)-

"political token" includes any badge, emblem, symbol, insignia, card, receipt, password or other article, thing or expression denoting membership of, adherence to or support of a political party or political organization.

(2) No person shall-

(a) require or ask for; or

(b) use any words, whether written or spoken, or any signal which may reasonably be taken to indicate that he is requiring or asking for; the production or giving by any person of any political token:

Provided that nothing in this subsection shall be construed so as to prohibit any person requiring or asking for the production or giving by any person of a political token on an occasion when such other person is seeking to attend or vote at a meeting of a political party or political organization.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year. 29 Boycotting

(1) In subsection (2)-

"boycotting" means combining in refusing to hold public, private, business or other relations with a person:

Provided that nothing in this definition shall be construed as imposing any limitation on the rights of members of any religious, social or other organization to terminate the membership of any member or to exclude from membership any applicant therefor in accordance with the constitution of such organization.

(2) Any person who, without lawful excuse, the proof whereof lies on him, advises, encourages, incites, commands, aids or procures the boycotting of any other person or class or description of persons, shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years. 30 Statements threatening or encouraging violence

(1) Any person who makes any statement indicating or implying that it would be incumbent or desirable to do any act or acts likely to bring death or physical injury to any person or to any class of persons shall be guilty of an offence and liable to imprisonment for a period not exceeding fourteen years.

(2) Any person who threatens to do injury to some other person or to some class of persons or to the property of some other person or some class of persons, whether in the presence of such other person or class of persons or not, shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(3) Any person who, without lawful excuse, the proof whereof lies on him, makes any statement indicating or implying that it would be incumbent or desirable- (a) to do any act or acts likely to lead to the destruction of or damage to any property; or

(b) to do any act or acts or to omit to do any act or acts with the object, or which have the effect, of defeating the purpose or intention of any law or which are likely to create public disorder at any place or in any part of Zimbabwe; or

(c) unlawfully to cease work or to refrain from going or returning to work;

shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.

31 Prohibition against certain acts

Any person who, without lawful excuse, the proof whereof lies on him-

(a) hides any tool, clothes or other property owned or used by or in charge of some other person, or deprives him thereof or hinders him in the use thereof; or (b) having followed some other person or any of his relatives or dependants along a public place, or accosted him or any of them therein, behaves towards him or any of them in a disorderly or offensive manner with jeers, jibes or any other like conduct;

shall be guilty of an offence and liable-

(i) on a first conviction, to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year;

(ii) on a subsequent conviction, to imprisonment for a period not exceeding two years.

32 Penalty for inciting to strike in essential services

(1) Any person who, without just cause or excuse, the proof whereof lies on him, advises, encourages, incites, commands, aids or procures any other person engaged or employed in any essential service to do or omit to do any act which is likely to hinder or interfere with the carrying on of any essential service shall be guilty of an offence and liable to imprisonment for a period not exceeding five years.

(2) Nothing in this section shall be deemed to render unlawful any action which may lawfully be taken under the Labour Relations Act [Chapter 28:01].

33 Use of opprobrious epithets in relation to employment

Any person who uses any opprobrious epithet or any jeer or jibe to or about any other person in connection with the fact that such other person has-

(a) undertaken, continued, returned to or absented himself from work or refused to work for any employer; or

(b) undertaken any duties as a member of a police constabulary or of any department of the State;

shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year.

34 Penalty for interfering with essential services

Any person who, without lawful excuse, the proof whereof lies on him, does any act which is likely to hinder or interfere with the carrying on of any essential service shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

35 Penalty on endeavour to break up public meeting

(1) Any person who at a public meeting acts in a disorderly manner for the purpose, or which has the effect, of preventing the transaction of the business for which the meeting was called together shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding twelve months.

(2) If any police officer reasonably suspects any person of committing an offence under subsection (1), he may require that person to declare to him immediately his name and address and if-

(a) that person refuses or fails so to declare his name and address or gives a false name or address, he shall be guilty of an offence and liable to a fine not exceeding twenty dollars or to imprisonment for a period not exceeding one month; (b) that person refuses or fails so to declare his name and address or the police officer reasonably suspects him of giving a false name or address, such officer may without warrant arrest him.

36 Prohibition of offensive conduct conducive to breaches of the peace

Any person who, in any public place or at any public meeting, uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

37 Prohibition against possession of offensive weapons or material

(1) In this section- "arms of war" means-

(a) artillery of all kinds;

(b) apparatus for the discharge of any kind of projectile, explosive or gas diffusing, or flame throwers;

(c) bombs, grenades or other like missiles or devices, whether capable of use with a firearm or not, including any fuse, detonator or timing device therefor; (d) machine guns, rifled small-bore breech-loading weapons, pistols or revolvers;

(e) low or high explosives, including any fuse, detonator or timing device therefor;

"bomb" means any device consisting of or carrying an explosive charge designed or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical device, but excluding ammunition for any firearm;

"offensive material" means-

(a) any inflammable, dangerous, noxious, deleterious or offensive substance, material or thing, including-

(i) low or high explosives and the ingredients thereof;

(ii) all types of fuse used in the ignition of explosives;

(iii) detonators;

(iv) timing devices, especially time pencils;

(v) wire cutters;

(vi) acids;

(vii) ammunition as defined in the Firearms Act [Chapter 10:09]; and

(b) any other substance, material or thing declared by the Minister, by notice in a statutory instrument, to be an offensive material for the purposes of this section;

"offensive weapon" includes any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him, and any stone.

(2) Any person who, without lawful authority or reasonable excuse, the proof whereof lies on him, has in his possession or in or upon any premises occupied by him any offensive weapon or any offensive material shall be guilty of an offence.

(3) Any person who is guilty of an offence in terms of subsection (2) shall, where the offence consists of having in his possession or in or upon any premises occupied by him-

(a) any arms of war, be liable to imprisonment for life; or

(b) any offensive weapon or any offensive material, other than arms of war, be liable to imprisonment for a period not exceeding twenty years.

(4) Where any person is convicted of an offence in terms of subsection (2), the court may make an order for the forfeiture or disposal of any weapon or material in respect of which the offence was committed or of any vehicle in which such weapon or material was conveyed or found or of both such weapon or material and such vehicle. (5) A police officer may arrest without warrant any person whom he has reasonable cause to believe to be committing an offence in terms of subsection (2) or if such officer is not satisfied as to such person's identity or place of residence or has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of an offence.

38 Penalty for certain offences against persons and property

Any person who, without lawful excuse, the proof whereof lies on him-

(a) sets or attempts to set fire to any person, building, structure, vehicle, vessel or aircraft or any railway engine, tender, carriage, van or truck; or

(b) by the use of explosives-

(i) causes or attempts to cause injury to any person; or

(ii) destroys or causes or attempts to cause damage to any building, structure, railway line, road, airport runway, vehicle, vessel or aircraft or any railway engine, tender, carriage, van or truck; shall be guilty of an offence and liable to imprisonment for life.

39 Undermining of police authority

(1) In subsection (3)-

"police" means a police force established under any enactment or any body of persons carrying out under any enactment the powers, duties and functions of a police force in Zimbabwe.

(2) Any person who, in a public place and in the presence of a police officer who is present on duty, makes any statement or does any act or thing whatsoever which is likely-

(a) to undermine the authority of such officer in the execution of his duties; or

(b) to engender feelings of hostility towards such officer or to expose such officer to contempt, ridicule or disesteem; shall be guilty of an offence and liable-

(i) on a first conviction, to imprisonment for a period not exceeding one year;

(ii) on a subsequent conviction, to imprisonment for a period not exceeding three years.

(3) Any person who, without lawful excuse, the proof whereof lies on him, utters any words or does any act or thing whatsoever which is likely-

(a) to engender feelings of hostility towards the police or any section thereof; or

(b) to expose the police or any section thereof to contempt, ridicule or disesteem;

shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year. 40 Persons causing disaffection among police

If any person causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of any police force, or induces, or attempts to induce, or does any act calculated to induce, any member of a police force to withhold his services or to commit breaches of discipline, he shall be guilty of an offence and liable-

(a) on a first conviction, to imprisonment for a period not exceeding one year;

(b) on a subsequent conviction, to imprisonment for a period not exceeding three years.

41 Penalty for undermining lawful authority

(1) In subsection (2)- "public officer" means-

(a) a person employed by the State;

(b) the holder of a paid office in the service of a local authority;

(c) a chief, headman or head of village; but does not include a police officer.

(2) Any person who, without lawful excuse, the proof whereof lies on him, utters any words or does any act or thing whatsoever which is likely-

(a) to undermine or impair the authority of any public officer or class of public officers; or

(b) to engender feelings of hostility towards any public officer or class of public officers; or

(c) to expose any public officer or class of public officers to contempt, ridicule or disesteem;

shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year. 42 Penalty for assault on peace officer or assistant

(1) In subsection (2)- "peace officer" means-

(a) a peace officer as defined in the Criminal Procedure and Evidence Act [Chapter 9:07];

(b) a member of the Defence Forces when acting in aid of the civil power;

(c) an ambulance driver or attendant;

(d) a member of a fire brigade or a fire-fighting service; (e) a member of a voluntary aid detachment of the Red Cross; ( f ) a member of the St. John Ambulance Brigade.

(2) Any person who assaults or resists or obstructs a peace officer when in the execution of his duty or any person acting in aid of such officer, shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

43 Reliance on non-natural means to subvert authority

(1) In this section-

"law" includes any lawful measure taken by the Government for the purpose of implementing, or for the better or efficient administration of, any enactment, whether or not such measure is expressly authorized thereunder.

(2) Any person who employs or solicits any other person to advise him or any other person by any non-natural means whatsoever whether any law should be resisted, either actively or passively, shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(3) Any person who purports, by the use of any non-natural means whatsoever, to advise any other person to resist, either actively or passively, any law or to defy any authority of the Government shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(4) Any person who advises any other person to resist, either actively or passively, any law shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years. 44 Subversive statements

(1) In this section-

"law" includes any lawful measure taken by the Government for the purpose of implementing, or for the better or efficient administration of, any enactment, whether or not such measure is expressly authorized thereunder;

"statement" includes any writing, printing, picture, painting, drawing or other similar representation;

"subversive publication" means a publication which contains a subversive statement;

"subversive statement" means a statement which is likely-

(a) to bring the President in person into hatred or contempt; or

(b) to excite disaffection against the President in person or the Government or Constitution of Zimbabwe as by law established or the administration of justice therein; or

(c) to incite any person to attempt to procure, otherwise than by lawful means, the alteration of any matter by law established in Zimbabwe; or

(d) to incite any person to commit an offence in disturbance of the public peace; or

(e) to engender or promote feelings of hostility to or expose to contempt,

ridicule or disesteem any group, section or class in or of the community of a particular race, religion or colour; or

( f ) to induce any person to resist, either actively or passively, any law or lawful administrative measure in Zimbabwe; or

(g) to incite any person to resist or oppose the Government or any Minister or official or police officer, otherwise than by lawful means, in the maintenance of public order or safety or the application of any law; or

(h) to lead to public disorder or to the disturbance, disruption, hindering of or interfering with any undertaking, industry, trade or occupation or the carrying on thereof.

(2) Subject to subsection (3), any person who-

(a) writes, prints or causes to be printed any subversive statement; or

(b) distributes or circulates any subversive statement among the public or any section of the public or who supplies or offers to supply any written or printed subversive statement to any other person, whether at a price or not; or

(c) displays any writing conveying any subversive statement in such a position that it is visible from any place to which the public has access; or

(d) utters or by means of a recording apparatus plays, otherwise than in the course of the investigation of an offence or of proceedings in a court, any subversive statement in the hearing of any other person; or

(e) makes a subversive statement which is recorded, otherwise than as provided in section eight, by means of a recording apparatus or, otherwise than as provided in section eight, records by means of a recording apparatus a subversive statement made by any other person; or

( f ) has in his possession any subversive publication;

shall be guilty of an offence and liable to imprisonment for a period not exceeding five years.

(3) A statement which is made with the intention of-

(a) showing that the President or the Government has been misled or mistaken in any measure; or

(b) pointing out errors or defects in the Government or Constitution of Zimbabwe as by law established or in the administration of justice therein with a view to the reformation of such alleged errors or defects; or

(c) urging any person to attempt to procure, by lawful means, the alteration of any matter in Zimbabwe by law established;

shall not be regarded for the purposes of subsection (2) as being a statement which is likely to have the effect mentioned in paragraph (b) of the definition of "subversive statement" in subsection (l) if the accused satisfies the court that the statement concerned was made in good faith and was made fairly, temperately, with decency and respect and without imputing any corrupt or improper motive.

(4) Where a person who has made a subversive statement is convicted of an offence in terms of subsection (2) in respect of that subversive statement, the court shall make an order prohibiting that person from attending any public meeting within Zimbabwe for such period, being not less than one year and not more than three years, as the court may specify in that order.

(5) Where the court has made an order in terms of subsection (4) in respect of any person, no person shall, except for the purposes of any proceedings in any court, print, publish or disseminate any speech, utterance, writing or statement or any extract from any speech, utterance, writing or statement which is made or purports to have been made by that person during the period specified in the order made in terms of subsection (4).

(6) Any person who contravenes-

(a) an order made in terms of subsection (4); or

(b) subsection (5);

shall be guilty of an offence and liable to imprisonment for a period not exceeding five years.

(7) The President may order that, during a period specified in the order, a person convicted of an offence in terms of subsection (2) shall not enter or be in any area specified in the order or shall not enter or be in any place outside any area specified in such order.

(8) Any person who contravenes an order made in terms of subsection (7) shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding one year, and to be removed from any place where such order prohibits him from being.

(9) Any person, other than the Zimbabwe Broadcasting Corporation, who causes or permits to be heard in public a broadcast of any subversive statement, whether the broadcast was made from a place outside or inside Zimbabwe, shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(10) Where any person is convicted of an offence in terms of subsection (9) the court by which he is convicted may make such order as the court thinks fit as to the forfeiture or disposal of any receiver or other apparatus used in connection with that offence.

(11) For the purposes of subsection (9), a person shall be deemed to have caused or permitted a broadcast to be heard in public if that broadcast can be heard through a receiver in his possession or under his control by any person in a public place.

45 Publication of alleged subversive statements

(1) In this section-

"publication" means any newspaper, magazine, periodical or pamphlet;

"radiocommunication service" means a radiocommunication service as defined in the Radiocommunication Services Act [Chapter 12:04].

(2) Subject to subsection (4), any person who, with reference to any judicial proceedings relating to an offence under section forty-four-

(a) publishes or causes or permits to be published in a publication any statement; or

(b) distributes or causes or permits to be distributed a publication which contains any statement; or

(c) causes or permits to be broadcast in a radiocommunication service for reception by members of the general public, any statement;

which is alleged in those proceedings to be a statement made in contravention of that section, shall be guilty of an offence and liable to imprisonment for a period not exceeding two years.

(3) Subject to subsection (4), any person who communicates to another person, whether that other person is inside or outside Zimbabwe, a statement referred to in subsection (2) which is-

(a) published by that other person in a publication which is distributed to members of the general public, whether inside or outside Zimbabwe; or

(b) broadcast by that other person in a radiocommunication service for reception by members of the general public, whether inside or outside Zimbabwe; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years unless he satisfies the court that he did not intend that statement to be so published or so broadcast.

(4) Subsections (2) and (3) shall not apply in relation to-

(a) any publication of a legal nature bona fide intended by the publisher or distributor for use in the legal profession;

(b) the publishing or distributing of any separate volume or part of any bona fide series of law reports which does not form part of any other publication and which consists solely of reports of proceedings in any court;

(c) the publishing, distributing or broadcasting of any statement referred to in subsection (2) which is found by a court not to be a subversive statement made in contravention of section forty-four.

46 Undermining authority, etc. of President

(1) Subject to subsection (2), any person who, without lawful excuse, the proof whereof lies on him, utters any words, or does any act or thing whatsoever which-

(a) is likely-

(i) to undermine the authority of; or

(ii) to engender feelings of hostility towards; or (iii) to cause hatred, contempt or ridicule of;

the President, whether in person or in respect of his office; or

(b) is likely to expose the President, whether in person or in respect of his office, to hatred, contempt or ridicule;

shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(2) It shall be a sufficient defence to a charge of contravening subsection (1) to show that the words, act or thing on which the charge is based were uttered or was done, as the case may be, in good faith and with the intention of fairly, temperately, decently and respectfully criticizing any opinion expressed or held or any measure taken or proposed to be taken by the President.

47 Penalty for throwing articles at motor vehicles

Any person who throws or propels or prepares to throw or propel any article or thing likely to cause damage or injury at a motor vehicle or at any person in or on such vehicle shall be guilty of an offence and liable to imprisonment for a period not exceeding twenty years.

48 Penalty for throwing articles at other vehicles and other acts of violence

(1) Any person who-

(a) throws or propels or prepares to throw or propel any article or thing likely to cause damage or injury at any vehicle, other than a motor vehicle, or at any boat or aircraft or at any person in or upon such vehicle, boat or aircraft; or

(b) without lawful excuse, the proof whereof lies on him, overturns or attempts to overturn any vehicle, boat or aircraft; or

(c) otherwise than under and in accordance with any other enactment, leaves or places on or over any road any thing so as to obstruct such road or endanger persons using it;

shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

(2) Any person who throws or propels or prepares to throw or propel any article or thing likely to cause damage or injury at any building or structure shall be guilty of an offence and liable to imprisonment for a period not exceeding five years.

(3) Any person who throws or propels or prepares to throw or propel any article or thing likely to cause injury at a person, other than a person who is in or upon any vehicle, including a motor vehicle, or boat or aircraft, shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

49 Unlawful use of firearms and explosives

Any person who, without lawful excuse, the proof whereof lies on him, discharges a loaded firearm or fires any explosive or commits any breach of the peace with intent to alarm any person shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years.

50 Prohibition against publication of false news

(1) In this section-

"statement" includes any writing, printing, picture, painting, drawing or other similar representation.

(2) Any person who makes, publishes or reproduces any false statement, rumour or report which-

(a) is likely to cause fear, alarm or despondency among the public or any section of the public; or

(b) is likely to disturb the public peace;

shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years, unless he satisfies the court that before making, publishing or reproducing, as the case may be, the statement, rumour or report he took reasonable measures to verify the accuracy thereof.

(3) Any person who makes, publishes or reproduces any statement which is false in a material particular and is likely to encourage any person to do any act which may endanger the public safety, disturb or interfere with public order or interfere with the maintenance of essential services, shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years unless he satisfies the court that before making, publishing or reproducing, as the case may be, the statement he took reasonable measures to verify the accuracy thereof and had reasonable cause to believe that the statement was true. 51 Acts of terrorism or sabotage

(1) In this section-

"act of terrorism or sabotage" means an act which has or is likely to have any of the following results-

(a) to further or encourage the achievement, by violence or forcible means, of any political aim, whether in Zimbabwe or in a neighbouring territory, including the bringing about of any social or economic change;

(b) to cause, encourage or further an insurrection in, or forcible resistance to the Government or armed or police forces of, Zimbabwe or a neighbouring territory;

(c) to endanger, interrupt or interfere with the carrying on of any essential service in Zimbabwe;

(d) to cause serious bodily injury to or to endanger the safety of any person in Zimbabwe;

(e) to cause substantial financial loss in Zimbabwe to any person or the State;

( f ) to obstruct or endanger the free movement in Zimbabwe of any traffic on land or water or in the air;

"neighbouring territory" means any state, country or territory which borders on Zimbabwe.

(2) Any person who, with intent to endanger the maintenance of law and order in Zimbabwe or any part of Zimbabwe or in a neighbouring territory, commits any act of terrorism or sabotage shall be guilty of an offence and liable to imprisonment for life.

(3) If, in any proceedings under this section, it is proved that the person accused of an offence in terms of subsection (2) has committed an act of terrorism or sabotage, it shall be presumed that he committed that act with intent to endanger the maintenance of law and order in Zimbabwe or any part of Zimbabwe or in a neighbouring territory, as alleged in the indictment or charge, unless he proves beyond a reasonable doubt that he did not intend any of the results referred to in the definition of "act of terrorism or sabotage" in subsection (1).

(4) Any person who-

(a) attempts to commit; or

(b) conspires with any other person to aid or procure the commission of or to commit; or

(c) aids, abets, incites, instigates, commands or procures any other person to commit;

an offence in terms of subsection (2) shall be guilty of an offence in terms of that subsection, and the provisions of this section shall apply, mutatis mutandis, in his case.

(5) An act may constitute an act of terrorism or sabotage for the purpose of this section notwithstanding that it may constitute an offence in terms of any other provision of this Act or in terms of any other law.

(6) This section shall not bind the State:

Provided that nothing in this subsection shall be construed so as to render lawful any act by an employee of the State on any occasion or in any circumstances not authorized by the State.

52 Harbouring of or failure to report terrorists

(1) In subsection (2)- "official" means-

(a) a police officer; or

(b) a member of the Defence Forces; or

(c) a district administrator in the Ministry responsible for local government or any person acting as such; or

(d) a superintendent of a particular protected area or part thereof appointed as such by a district administrator;

"police officer" includes-

(a) a person who is performing National Service in the Police Force in terms of the National Service Act [Chapter 11:08]; and

(b) a constabulary member as defined in section 2 of the Police Act

[Chapter 11:10] whilst he is on duty;

(2) Any person who-

(a) harbours, conceals or assists in any manner whatsoever any person whom he knows, or has reason to believe, to be a person who is about to commit or who has committed or attempted to commit an offence specified in the Second

Schedule; or

(b) having harboured, concealed or assisted any person such as is referred to in paragraph (a), wilfully omits or refuses to disclose to an official any information it is in his power to give in relation to any such person; or

(c) being aware that a person such as is referred to in paragraph (a) is in Zimbabwe, fails as soon as is reasonably practicable and in any case within seventytwo hours of the date he became aware thereof, to report to an official the presence of or any information it is in his power to give in relation to any such person; or (d) upon being questioned by an official, wilfully misleads that official by falsely denying any knowledge of a person such as is referred to in paragraph (a) or by giving that official false information concerning any such person; shall be guilty of an offence and liable to imprisonment for life.

PART V

MISCELLANEOUS

53 Certain offences to have extra-territorial operation

(1) The provisions of-

(a) sections thirty, thirty-two, thirty-eight, forty-four, fifty and fifty-one; and

(b) section thirty-seven, in so far as they relate to arms of war; and

(c) paragraph (a) of subsection (2) of section fifty-two;

shall have extra-territorial operation and shall apply to any person who is a resident of Zimbabwe and accordingly any such person who outside Zimbabwe, makes a statement or does any thing which, if it had been made or done inside Zimbabwe, would have constituted an offence under any such provision shall be guilty of such offence and liable to the penalties provided therefor in such provision.

(2) A person shall not be deemed to have ceased to be a resident of Zimbabwe for the purposes of subsection (1) by reason only of his absence therefrom if-

(a) he retains a home in Zimbabwe; or

(b) he is absent from Zimbabwe for a temporary purpose; or

(c) he is domiciled in Zimbabwe; or

(d) he is employed by, or is or holds himself out as a member of, a political organization which exists or has existed in Zimbabwe or has been a member of an organization which is or has been declared to be an unlawful organization under the Unlawful Organizations Act [Chapter 11:13] or promotes the objects of such an organization.

(3) In any proceedings under this section, it shall be presumed, unless the contrary is proved, that the person accused was at all relevant times a resident of Zimbabwe.

54 Curfew

(1) When public disorder occurs or is apprehended a regulating authority may, by order, direct that, subject to any exemptions for which provision may be made by order, no person in the area or in a specified part of the area in respect of which such authority is appointed shall, between such hours as may be specified in the order, be out of doors except with the written permission of such authority.

(2) Any person who is found out of doors between the hours specified in an order made in terms of subsection (1) without the written permission of the regulating authority shall be guilty of an offence and liable-

(a) on a first conviction, to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months;

(b) on a subsequent conviction, to imprisonment for a period not exceeding one year.

(3) An order made in terms of subsection (1) shall be published by notice distributed among the public or affixed upon public buildings in the area to which the order applies.

55 Forfeiture of property

(1) In this section-

"arms of war" means arms of war as defined in subsection (1) of section thirty-seven; "property" means any movable or immovable property or any interest in or right over such property, including rights in relation to the occupation or use of Communal

Land;

"specified offence" means-

(a) an offence in terms of section twenty-four; or

(b) an offence in terms of subsection (2) of section thirty-seven where the offence consists of the person concerned having in his possession or in or upon any premises occupied by him any arms of war; or

(c) an offence in terms of section thirty-eight; or

(d) an offence in terms of subsection (2) of section fifty; or (e) an offence in terms of section fifty-two.

(2) Subject to subsection (3), where any person has been convicted of a specified offence the President may, by order under his hand, declare that by way of an additional penalty for such breach of the law any property which is owned by that person and which is specified by the President in the order shall be forfeited to the State without payment of compensation:

Provided that the rights of any other person in or over such property shall not be affected by such forfeiture.

(3) An order in terms of subsection (2) shall not be made after the expiry of a period of six months from the date of the conviction:

Provided that, if within that period, the person concerned lodges an appeal against his conviction or sentence, such order may be made within a period of six months from the date of the determination of the appeal or, if the appeal is abandoned, of such abandonment.

56 Persons deemed to have published prohibited publication or subversive statement

(1) For the purposes of this section-

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

(a) the organization; or

(b) any branch, section or committee of the organization; or

(c) any local, regional or subsidiary body forming part of the organization;

"prohibited publication" means a publication prohibited under section eighteen;

"published" includes-

(a) in relation to a prohibited publication or an extract therefrom, printed, disseminated, distributed, sold, offered for sale or reproduced;

(b) in relation to a subversive statement, written, printed, caused to be printed, distributed, circulated, supplied or displayed;

"subversive statement" has the meaning assigned to it by subsection (1) of section forty-four.

(2) In any prosecution for a contravention of section nineteen or forty-four, where it is proved that a prohibited publication or any extract therefrom or any subversive statement has been published, the following persons shall be deemed to have published such publication, extract or statement, as the case may be-

(a) in the case of a publication, extract therefrom or statement of an organization, the office-bearers of the organization;

(b) any person referred to in the publication as being the editor, assistant editor or author thereof or the author of the statement;

(c) any person who is proved to be the editor of the publication;

(d) any person who is proved to have published the publication, extract or statement:

Provided that it shall, in the case of any person mentioned in paragraph (a), (b) or (c), be a sufficient defence if he proves to the satisfaction of the court that the publication, extract or statement was published without his authority, consent or knowledge and that the publication thereof did not arise from want of due care or caution on his part.

(3) A publication or statement shall be deemed, unless the contrary is proved, to be the publication or statement of an organization if-

(a) it professes, by name or otherwise, to be a publication or statement of or under the sponsorship of the organization; or

(b) it is published by or under the direction or guidance of the organization or by any person as an office-bearer of the organization.

(4) In any prosecution for a contravention of section nineteen or forty-four, publication by or under the sponsorship of any branch, section or committee of an organization or any local, regional or subsidiary body forming part of the organization shall be deemed to be a publication by the main organization and by any headquarters branch of the organization. 57 Regulations in interest of public safety

(1) The President may by regulation prescribe all matters which by this Act are required or permitted to be prescribed or which, in his opinion, are necessary in order to maintain public order or to protect life and property in Zimbabwe.

(2) Regulations made in terms of subsection (1) may-

(a) regulate, prohibit or control the movement of explosives or firearms from one place in Zimbabwe to another or the storage, removal, possession or use of explosives or firearms within any particular area by all persons or by persons of a particular class;

(b) regulate or control the securing or storing of any boat or vessel used on or in the vicinity of the Zambezi River;

(c) regulate, prohibit or control fishing or the use of any boat or vessel on specified areas of waters on the Zambezi River;

(d) regulate or control the movement of transport vehicles entering Zimbabwe and the precautions to be taken to prevent unauthorized access thereto.

(3) Any person who contravenes any regulation made in terms of subsection (1) shall be guilty of an offence and liable-

(a) on a first conviction, to a fine not exceeding two hundred dollars or, in default of payment, to imprisonment for a period not exceeding one year;

(b) on a subsequent conviction, to imprisonment for a period not exceeding one year.

58 Acts or conduct which constitute incitement to public violence

A person shall be deemed to have committed the common law offence of incitement to public violence if, in any place whatever, he has acted or conducted himself in such a manner, or has spoken or published such words, that it might reasonably be expected that the natural and probable consequences of his act, conduct, speech or publication would, in the circumstances, be the commission of public violence by members of the public generally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addressed.

59 Powers of search

(1) A police officer may stop and, without warrant-

(a) search any person, vehicle or vessel entering or leaving Zimbabwe and any person in or upon such vehicle or vessel; and

(b) seize any thing as to which he has reasonable grounds for believing that it will afford evidence as to the commission of an offence under any law:

Provided that, when it is desired to search a woman, such search, unless made by a medical officer, shall be made only by a woman and shall be conducted with strict regard to decency and, if there is no woman available for such search who is a member of the police, the search shall be made by a woman specially named for the purpose by the police officer.

(2) If the President is of the opinion that it is desirable in the interests of the public safety to do so, he may, by statutory instrument, declare that during such period as may be specified in such notice, police officers may, without warrant, exercise the powers conferred by subsection (1) in respect of vehicles and persons in or upon such vehicles anywhere in Zimbabwe, and thereupon such powers may be so exercised.

(3) For the purposes of stopping vehicles or vessels so that they can be searched in terms of this section, a police officer may take such measures, including the erection of a road block, as he considers to be necessary or expedient in the circumstances.

(4) Any thing seized in terms of this section shall be taken before a magistrate to be dealt with according to law.

(5) The powers conferred by this section on a police officer may be exercised by any member of the Defence Forces who has been detailed to assist, and is assisting, a police officer in the exercise of his functions under the law.

(6) Any person who fails or refuses to stop when so required in terms of this section or takes any measures to prevent being stopped or searched in terms of this section shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

60 Saving of other laws as to dispersal of riotous gatherings

Nothing in this Act shall be construed as affecting or derogating from any right conferred or duty imposed upon any police officer or any member of the public under any other enactment or under the common law to assist in the dispersal of riotous gatherings or in the prevention and suppression of riotous and seditious acts.

61 Special jurisdiction of magistrates

(1) Notwithstanding anything in the Magistrates Court Act [Chapter 7:10] or in any other enactment, where a person is convicted of a contravention of any of the provisions of this Act-

(a) a court of a magistrate, other than a regional, provincial or senior magistrate, shall have special jurisdiction to impose, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, a fine not exceeding one thousand dollars or imprisonment for a period not exceeding three years;

(b) a court of a senior or provincial magistrate shall have special jurisdiction to impose, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, a fine not exceeding two thousand dollars or imprisonment for a period not exceeding ten years;

(c) a court of a regional magistrate shall have special jurisdiction to impose, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, a fine not exceeding two thousand dollars or imprisonment for a period not exceeding fifteen years.

(2) Subsection (1) shall apply in relation to a person who is convicted of-

(a) attempting to contravene or inciting another person or conspiring with another person to contravene any of the provisions of this Act; or

(b) being an accessory after the fact to the commission of the crime of contravening any of the provisions of this Act;

as though he had been convicted of a contravention of any of the provisions of this Act.

(3) Nothing in this section shall be construed as authorizing a court to impose for any contravention of any provision of this Act a punishment greater than may, under the relevant provision of this Act, be imposed therefor, or as preventing a court from imposing, as often as it is specially authorized any enactment to do so, any other punishment than the punishment mentioned in this section.

(4) The President may, by proclamation, suspend the operation of subsection (1) and may, in similar manner, restore its operation.

62 Forfeiture

(1) Where any person is convicted of an offence under this Act, the court may order that any vehicle, aircraft or vessel used for the purpose of or in connection with the commission of the offence shall be forfeited to the State:

Provided that, if it is proved that such vehicle, aircraft or vessel is not the property of the person convicted and that its owner was-

(a) unaware that the vehicle, aircraft or vessel, as the case may be, was being so used; or

(b) unable to prevent its use for the purpose of or in connection with the commission of the offence;

the court shall not make any such order in respect thereof.

(2) Where a police officer believes on reasonable grounds that any vehicle, aircraft or vessel which is liable to forfeiture in terms of subsection (1) is likely to be removed from Zimbabwe unless it is detained or security therefor is given, he may seize and detain any such vehicle, aircraft or vessel so that it may be submitted to the jurisdiction of the court to be dealt with in accordance with subsection (1) unless the owner of such vehicle, aircraft or vessel or such sureties as may be approved by a commissioned police officer-

(a) enters into a bond for an amount approved by the commissioned police officer; and

(b) deposits such sum, if any, as may be fixed by the commissioned police officer to satisfy any judgment which may be given on the bond.

(3) A bond entered into in terms of subsection (2) shall be subject to the condition that the owner shall submit the vehicle, aircraft or vessel to the jurisdiction of the court when so required by a commissioned police officer and may be subject to such other conditions as the commissioned police officer thinks fit to impose in the circumstances.

(4) Upon breach of any condition of a bond entered into in terms of this section, any court may, on application by the Minister, give judgment against such person or his sureties in accordance with the provisions of the bond.

(5) Where a person is convicted of an offence under this Act, the court may order that any equipment or other article found on the accused person at the time of his arrest shall be forfeited to the State.

63 Authority of Attorney-General required for prosecution of certain offences

(1) Where any person is brought before a magistrates court on a charge under Part IV, no further proceedings in respect thereof shall be taken against him without the authority of the Attorney-General, except such as the court may think necessary by way of remand to secure the due appearance of the person charged:

Provided that nothing in this section shall be construed so as to deprive any person of any right conferred upon him by Part III of the Criminal Procedure and Evidence Act [Chapter 9:07] to institute a private prosecution for an offence under the common law against any person whom the Attorney-General has declined to prosecute on a charge under Part IV.

(2) Subsection (1) shall apply in relation to a person who is brought before a magistrates court on a charge of-

(a) attempting to contravene or inciting another person or conspiring with

another person to contravene any of the provisions of Part IV; or

(b) being an accessory after the fact to the commission of the crime of contravening any of the provisions of Part IV; as though he were brought before a magistrates court on a charge under Part IV.

64 Minister to publish details of certain orders

Where an order has been made, confirmed or varied under section ten or eleven or has been made under section twelve or a notice has been tendered or delivered to a person under section thirteen, the Minister shall, as soon as possible after the making, confirmation or variation of the order or the tender or delivery of the notice, as the case may be, notify the making, confirmation, variation, tender or delivery thereof, as the case may be, by notice published in the Gazette, and lay a copy of such order or such first-mentioned notice before Parliament.

FIRST SCHEDULE (Sections 7 and 9)

CLASSES OF PUBLIC GATHERINGS TO WHICH SECTIONS 7 AND 9 DO NOT

APPLY

Public gatherings-

(a) held exclusively for bona fide religious, educational, recreational,

sporting or charitable purposes or any two or more such purposes;

(b) held exclusively for the purposes of-

(i) baptism; or

(ii) wedding; or (iii) funeral; or

(iv) cremation;

(c) of farmers held for purposes which are not political;

(d) for the purposes of agricultural shows;

(e) at any bona fide theatrical, cinematographic or musical entertainment or any circus or fireworks display;

( f ) at any bona fide sale of goods or animals;

(g) at a draw for prizes in any lottery held in terms of the State Lotteries Act [Chapter 17:07];

(h) for the purposes of a luncheon, dinner or dance given or held by any club, association or organization which is not of a political nature;

(i) held by any club, association or organization which is not of a political nature and at which the discussions and matters dealt with are not of a political nature;

( j) held by a registered trade union for bona fide trade union purposes; (k) held to form any club, association or organization which is not of a political nature;

(l) for the purposes of an industrial show.

SECOND SCHEDULE (Section 52)

OFFENCES IN RESPECT OF WHICH SECTION 52 APPLIES

1. Murder.

2. Arson.

3. Malicious injury to property.

4. Contravening subsection (2) or (3) of section twenty-four.

5. Contravening section twenty-five.

6. Contravening subsection (2) of section thirty-seven.

7. Contravening subsection (1) of section thirty-eight.

8. Contravening subsection (2) of section fifty-one.

9. Contravening subsection (1) or (2) of section 38 of the Railways Act [Chapter 13:09].




















Last modified on Tuesday, 19 November 2013 13:28