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Public
Order and Security Bill PART VI General 36. Attorney-General
to authorise prosecutions under this Act.
36 Attorney-General to authorise prosecutions under this Act TOP No proceedings shall be instituted or continued against any person in respect of an offence in terms of section 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17 or 18, other than proceedings for the purposes of remand, without the authority of the Attorney-General. 37 When Defence Forces may assist Police Force under this Act TOP (1) If, upon a request made by the Commissioner of Police, the Minister is satisfied that any regulating authority requires the assistance of the Defence Forces for the purpose of suppressing any civil commotion or disturbance in any police district, he may request the Minister responsible for defence to authorise the Defence Forces to assist the police in the exercise of their functions under this Act in the police district concerned. (2) Where authority is given under subsection (1) for the Defence Forces to assist the police—. (a) every member of the Defence Forces who has been detailed to assist the police in any police district in the exercise of their functions under this Act shall be under the command of the regulating authority concerned; and (b) a member of the Defence Forces who is assisting a police officer in the exercise of his functions under this Act shall have the same powers, functions and authority, and be subject to the same responsibilities, discipline and penalties, as a member of the Police Force, and liable in respect of acts done or omitted to be done to the same extent as he would have been liable in the same circumstances if he were a member of the Police Force, and shall have the benefit of any indemnity to which a member of the Police Force would in the same circumstances be entitled. 38 Powers of seizure and forfeiture in relation to vehicles, aircraft and vessels TOP (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) Subject to subsection (3), 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, 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). (3) A magistrate may, on application by the owner of a vehicle, aircraft or vessel seized in terms of subsection (2), permit such owner, or such sureties as the magistrate may approve— (a) to enter into a bond for an amount approved by the magistrate; and (b) to deposit with the clerk of court such sum, if any, as may be fixed by the magistrate to satisfy any judgement which may be given on the bond; whereupon the vehicle, aircraft or vessel shall be returned to the owner. (4) A bond entered into in terms of subsection (3) shall be subject to the condition that the owner shall submit the vehicle, aircraft or vessel to the jurisdiction of the court trying the offence concerned when so required, and may be subject to such other conditions as the magistrate thinks fit to impose in the circumstances. (5) Upon breach of any condition of a bond entered into in terms of this subsection (2), any court may, on application by the Minister, give judgement against such person or his sureties in accordance with the provisions of the bond. 39 Powers of search, seizure and forfeiture generally TOP (1) For the avoidance of doubt it is declared that— (a) an arrest or search of any person or premises or of any person or premises in any area in terms of this Act shall be conducted in accordance with Parts V and VI of the Criminal Procedure and Evidence Act [Chapter 9:07] or any other enactment which regulates such arrest or search, and, in particular, subsection (4) of section 41 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to the search of any woman; (b) except to the extent expressly provided in this Act, Part VI of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to any weapon, item capable of use as a weapon, publication, equipment, vehicle, aircraft, vessel or other article seized or detained in terms of this Act. (2) The powers conferred by Parts V and VI of the Criminal Procedure and Evidence Act [Chapter 9:07] on a police officer may be exercised by any peace officer within the area round which a cordon has been established in terms of subsection (1) of section 33. 40 Special jurisdiction of magistrates TOP (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 $5,000 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 $200,000 or imprisonment for a period not exceeding 10 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 $300,000 dollars or imprisonment for a period not exceeding 15 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 bad been convicted of a contravention of any of the provisions of this Act. (3) Nothing in this section shall be construed as authorising 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 authorised by 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. 41 Amendment of Schedule TOP (1) Subject to subsection (2), the Minister may, by notice in a statutory instrument, at any time add to, amend or replace the Schedule. (2) Where the Minister seeks to amend the Schedule by reducing the classes of public gathering described in the Schedule, the Minister shall, within the next 14 days on which Parliament sits after he makes a statutory instrument in terms of subsection (1), lay it before Parliament, and the statutory instrument shall not come into force unless approved by resolution of Parliament. 42 Saving of other laws as to riotous gatherings, etc. TOP Nothing in this Act shall be construed as affecting the right or duty of any person under any other law to disperse riotous gatherings and to prevent or suppress other unlawful acts, or to assist in such dispersal, prevention or suppression. 43 Amendment of Cap. 4:01 TOP The Citizenship of Zimbabwe Act [Chapter 4:01] is amended in the Schedule by the repeal of paragraph (a) of paragraph 5 and the substitution of— "(a) any provision of the Public Order and Security Act [Chapter 11:17], or the Law and Order (Maintenance) Act [Chapter 11: 07] before its repeal by the Public Order and Security Act [Chapter 11:17];". 44 Amendment of Cap. 9:07 TOP The Criminal Procedure and Evidence Act [Chapter 9:07] is amended— (a) in section 32 by the insertion in subsection (2) after "may be detained for a period not exceeding 48 hours" of "or, in the case of an offence referred to in paragraph 10 of the Third Schedule, not exceeding seven days:"; (b) in section 50— (i) in subsection (1) by the insertion in paragraph (a) after "premises" of "or area"; (ii) in subsection (2) by the insertion in paragraph (a) after "warrant" of ", or any premises within an area identified in the warrant,"; (c) in section 116 by the deletion from subsection (2) of "Law and Order (Maintenance) Act [Chapter 11:07]" and the substitution of "Public Order and Security Act [Chapter 11:17],"; (d) in section 121 in subsection (1)by the repeal of paragraph (a) of the proviso; (e) in section 123 by the deletion from subsection (2) of "Law and Order (Maintenance) Act [Chapter 11:07]" and the substitution of "Public Order and Security Act [Chapter 11:17],"; (f) in section 124 by the repeal of subsection (8); (g) by the repeal of the Third Schedule and the substitution of—
1. Treason. 2. Murder. 3. Rape. 4. Robbery accompanied by the use of a firearm or lethal weapon. 5. Kidnapping. 6. Arson. 7. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11]. 8. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 5 or 6. 9. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person concerned in terms of subsection (1) of section 101 or subsection (1) of section 110. 10. Contravening section 5, 6, 7, 8, 9, 10 or 11 of the Public Order and Security Act [Chapter 11:17]."; (h) by the repeal of the Fourth Schedule. 45 Amendment of Cap. 9:15 TOP The Miscellaneous Offences Act [Chapter 9:15] is amended— (a) in section 2 by the insertion of the following definition— ""constabulary member of the Police Force" means a member of the Police Constabulary established in terms of section 27 of the Police Act [Chapter 11:10];"; (b) in section 6 by the deletion from subsection (1) of "$500" and "three years" and the substitution of "$10,000" and "two years" respectively; (c) in section 7 by the deletion of "$200" and "12 months" and the substitution of "$5,000" and "one year" respectively. 46 Repeal of Cap. 11:07 TOP The Law and Order (Maintenance) Act [Chapter 11:07] is repealed. Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.
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