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Public Order and Security Bill
December 14, 2001

Contents

PART III

Offences Against Public Order

17. Public violence.
18. Throwing articles at persons, motor vehicles, etc.
19. Gatherings conducing to riot, disorder or intolerance.
20. Assaulting or resisting peace officer.
21. Undermining of police authority.
22. Intimidation.

 

17   Public violence   TOP

(1) Any person who, acting in concert with one or more other persons, forcibly—

(a) disturbs the peace, security or order of the public or any section of the public; or

(b) invades the rights of other people;

intending such disturbance or invasion or realising that there is a risk or possibility that such disturbance or invasion may occur, shall be guilty of public violence and liable to a fine not exceeding $100,000 or imprisonment for a period not exceeding 10 years or both.

(2) It shall be an aggravating circumstance if, in the course of or as a result of the offence of public violence—

(a) there was an attack on the police or on other persons in lawful authority; or

(b) bodily injury or damage to property occurred; or

(c) the person who has been convicted of the offence instigated an attack on the police or other persons in lawful authority or instigated the infliction of bodily injury or the causing of damage to property.

(3) A person accused of any contravention of subsection (1) may be charged concurrently or alternatively with the common-law offence of public violence.

18   Throwing articles at persons, motor vehicles, etc.  TOP

Any person who—

(a) throws or propels or prepares to throw or propel any missile, article or thing likely to cause damage or injury at any person, motor vehicle, boat, aircraft or building; or

(b) without lawful excuse, the proof whereof lies on him, overturns or attempts to overturn any motor 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 a fine not exceeding $100,000 or imprisonment for a period not exceeding 10 years or both.

19   Gatherings conducing to riot, disorder or intolerance  TOP

(1) Any person who, acting together with one or more other persons present with him in any place or at any meeting—

(a) forcibly—

(i) disturbs the peace, security or order of the public or any section of the public; or

(ii) invades the rights of other people;

intending to cause such disturbance or invasion or realising that there is a risk or possibility that such disturbance or invasion may occur; or

(b) performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked; or

(c) utters any words or distributes or displays any writing, sign or other visible representation—

(i) with the intention to engender, promote or expose to hatred, contempt or ridicule any group, section or class of persons in Zimbabwe solely on account of the race, tribe, nationality, place of origin, national or ethnic origin, colour, religion or gender of such group, section or class of persons; or

(ii) realising that there is a risk or possibility that such behaviour might have an effect referred to in subparagraph (i);

shall be guilty of an offence and be liable to a fine not exceeding $50,000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

(2) An offence under subsection (1) is committed whether the action constituting it is spontaneous or concerted, and whether the place or meeting where it occurred is public or private.

20   Assaulting or resisting peace officer   TOP

Any person who assaults or by violent means resists a peace officer acting in the course of his duty and who—

(a) intends the assault to provoke or encourage public violence or public disorder or a breach of the peace; or

(b) realises that there is a risk or possibility that the assault will have the effect referred to in paragraph (a);

shall be guilty of an offence and liable to a fine not exceeding $200,000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

21   Undermining of police authority   TOP

Any person who, in a public place and in the presence of—

(a) a police officer who is present on duty; or

(b) a police officer who is off duty, knowing that he is a police officer or realising that there is a risk or possibility that he is a police officer;

makes any statement or does any act or thing whatsoever with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of an offence and liable to a fine not exceeding $20,000 or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.

22   Intimidation  TOP

Any person who, with the intention of unlawfully furthering a political objective in Zimbabwe, and by means of an express or implied threat of unlawfully inflicted harm, compels or induces another person—

(a) to do something which he is not legally obliged to do; or

(b) to refrain from doing something which he is legally entitled to do;

shall be guilty of an offence and liable to a fine not exceeding $100,000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

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