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Public
Order and Security Act
January 22, 2002
Contents
PART
II
Offences
Against Constitutional Government and Public Security
5. Subverting
constitutional government.
6. Insurgency,
banditry, sabotage or terrorism.
7. Recruiting
or training insurgents, bandits, saboteurs or terrorists.
8. Training
as insurgent, bandit, saboteur or terrorist.
9. Supplying
weaponry to insurgents, bandits, saboteurs or terrorists.
10. Possessing
weaponry for insurgency, banditry, sabotage or terrorism.
11. Harbouring,
concealing or failing to report insurgent, bandit, saboteur or terrorist.
12. Causing
disaffection among Police Force or Defence Forces.
13. Possession
of dangerous weapons.
14. Temporary
prohibition of possession of certain weapons within particular police
districts.
15. Publishing
or communicating false statements prejudicial to the State.
16. Undermining
authority of or insulting President.
5 Subverting
constitutional government TOP
In this section—
"coercing"
means constraining, compelling or restraining by—
(a) physical
force or
violence
or, if accompanied by physical force or violence or the threat thereof,
boycott, civil disobedience or resistance to any law, whether such
resistance is active or passive; or
(b) threats
to apply or employ any of the means described in paragraph (a);
"unconstitutional
means" means any process which is not a process provided for
in the Constitution and the law.
(2) Any person
who, whether inside or outside Zimbabwe—
(a) organises
or sets up or advocates, urges or suggests the organisation or setting
up of, any group or body with a view to that group or body—
(i) overthrowing
or attempting to overthrow the Government by unconstitutional means;
or
(ii) taking
over or attempting to take over Government by unconstitutional means
or usurping the functions of the Government of Zimbabwe; or
(iii) coercing
or attempting to coerce the Government;
or
(b) supports
or assists any such group or body in doing or attempting to do any of
the things described in subparagraphs (i), (ii) or (iii) of paragraph (a);
shall be guilty
of an offence and liable to imprisonment for a period not exceeding
20 years without the option of a fine.
6 Insurgency,
banditry, sabotage or terrorism TOP
(1) Any person
who, for the purpose of—
(a) causing or
furthering an insurrection in Zimbabwe; or
(b) causing the
forcible resistance to the Government or the Defence Forces or any law
enforcement agency; or
(c) procuring
by force the alteration of any law or policy of the Government;
commits any act accompanied
by the use or threatened use of weaponry with the intention or realising
that there is a risk or possibility of—
(i) killing or
injuring any other person; or
(ii) damaging
or destroying any property; or
(iii) inflicting
financial loss upon any other person; or
(iv) obstructing
or endangering the free movement in Zimbabwe of any traffic on land
or water or in the air; or
(v) disrupting
or interfering with an essential service;
shall be guilty of
an offence, whether or not any purpose referred to in paragraph (a),
(b) or (c) is accomplished, and be liable—
A. where the
act of insurgency, banditry, sabotage or terrorism results in the death
of a person, to be sentenced to death or to imprisonment for life;
B. in any other
case, to imprisonment for life.
(2) For the avoidance
of doubt, where any act of insurgency, banditry, sabotage or terrorism
does not result in any of the consequences referred to in subparagraph (i),
(ii), (iii), (iv) or (v), the competent charge shall be one of attempting
to commit an offence in terms of subsection (1).
7 Recruiting
or training insurgents, bandits, saboteurs or terrorists TOP
Any person who intentionally—
(a) recruits,
assists or encourages any other person to undergo training inside or
outside Zimbabwe in order to commit any act of insurgency, banditry,
sabotage or terrorism in Zimbabwe; or
(b) provides
training to any person, whether inside or outside Zimbabwe, in order
to commit any act of insurgency, banditry, sabotage or terrorism in
Zimbabwe;
shall be guilty of
an offence and liable to imprisonment for life.
8 Training
as insurgent, bandit, saboteur or terrorist TOP
(1) Any person
who attends or undergoes any course of training, whether inside or outside
Zimbabwe, for the purpose of enabling him to commit any act of insurgency,
banditry, sabotage or terrorism in Zimbabwe shall be guilty of an offence
and liable to imprisonment for life.
(2) If it is proved
in a prosecution for an offence under subsection (1) that the accused
person attended or underwent a course of training whose effect was to
enable him to commit an act of insurgency, banditry, sabotage or terrorism
in Zimbabwe, it shall be presumed, unless the contrary is proved on a
balance of probabilities, that he did so for that purpose.
9 Supplying
weaponry to insurgents, bandits, saboteurs or terrorists TOP
Any person who, inside
or outside Zimbabwe, supplies weaponry to an insurgent, bandit, saboteur
or terrorist, knowing that the person to whom such weaponry is supplied
is an insurgent, bandit, saboteur or terrorist or realising that there
is a risk or possibility that such person is an insurgent, bandit, saboteur
or terrorist, shall be guilty of an offence and liable to imprisonment
for life.
10 Possessing
weaponry for insurgency, banditry, sabotage or terrorism TOP
(1) Any person
who has any weaponry in his possession or under his control with the intention
that such weaponry will be used in the commission of an act of insurgency,
banditry, sabotage or terrorism shall be guilty of an offence and liable
to imprisonment for life.
(2) If it is proved
in a prosecution for an offence under subsection (1) that—
(a) the accused
person was in unlawful possession of any weaponry; and
(b) the weaponry
consists of any weapon, firearm or ammunition—
(i) referred
to in section 24 of the Firearms Act [Chapter 10:09];
or
(ii) for the
purchase, acquisition or possession of which the person has no good
ostensible reason; or
(iii) that
was part of a cache or was found in the possession the accused person
in such a quantity as cannot be accounted for by reason of personal
use alone;
it shall be presumed,
unless the contrary is proved on a balance of probabilities, that he
possessed the weaponry with the intention that it should be used in
the commission of an act of insurgency, banditry, sabotage or terrorism.
(3) A person charged
with an offence in terms of subsection (1) may be found guilty of
the offence specified in subsection (1) or (2) of section 13
if such are the facts proved.
11 Harbouring,
concealing or failing to report insurgent, bandit, saboteur or terrorist TOP
(1) Subject to
subsection (5), any person who, knowing that another person is an insurgent,
bandit, saboteur or terrorist, or realising that there is a risk or possibility
that such person is an insurgent, bandit, saboteur or terrorist, intentionally
harbours or conceals that other person shall be guilty of an offence and
liable to a fine not exceeding level twelve1
or to imprisonment for a period not exceeding ten years or to both such
fine and such imprisonment.
(2) Subject to
subsection (5), any person who becomes aware of the presence in Zimbabwe
of another person whom he knows to be an insurgent, bandit, saboteur or
terrorist and who fails, within the period prescribed in subsection (3),
to report to an official the presence of that other person in Zimbabwe
and any information it is in his power to give in relation to that other
person shall be guilty of an offence and liable to a fine not exceeding
level seven2 or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
(3) A person shall
make a report in terms of subsection (2) as soon as is reasonably
practicable after he becomes aware of the presence in Zimbabwe of the
insurgent, bandit, saboteur or terrorist concerned, and in any event within
72 hours of becoming so aware.
(4) Subject to
subsection (5), any person who is aware of the presence in Zimbabwe
of another person whom he knows to be an insurgent, bandit, saboteur or
terrorist or realises that there is a risk or possibility that such person
is an insurgent, bandit, saboteur or terrorist and who, upon being questioned
by an official, intentionally—
(a) omits or
refuses to disclose to the official any information it is in his power
to give in relation to that other person; or
(b) gives the
official false information in relation to that other person;
shall be guilty of
an offence and liable to a fine not exceeding level ten3
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
(5) For the avoidance
of doubt, a person who—
(a) has committed
an act of insurgency, banditry, sabotage or terrorism; or
(b) has attended
a course or undergone training referred to in subsection (1) of
section 8,
for which he has been
convicted and sentenced or granted a pardon or amnesty shall not be regarded
as an insurgent, bandit, saboteur or terrorist in respect of that conduct.
12 Causing
disaffection among Police Force or Defence Forces TOP
If any person—
(a) causes,
or attempts to cause, or does any act calculated to cause, disaffection
amongst the members of the Police Force or Defence Forces with
the result that any member of the Police Force or Defence Forces withholds
his services, loyalty or allegiance or commits breaches of discipline,
or causes or attempts to cause such disaffection with the intention
of bringing about such result;
or
(b) induces,
or attempts to induce, or does any act calculated to induce, any member
of the Police Force or Defence Forces to withhold his services, loyalty
or allegiance or to commit breaches of discipline;
he shall be guilty of an offence and liable
to a fine not exceeding level seven4
or to imprisonment for a period not exceeding two years, or to both such
fine and such imprisonment.
13 Possession
of dangerous weapons TOP
(1) Any person
who has unlawful possession of any of the following weapons—
(a) artillery
of any kind or any shell or other ammunition therefor, or
(b) a flame thrower;
or
(c) a bomb, grenade
or similar missile or device, whether capable of use with a firearm
or not, including any fuse, detonator or timing device therefor, or
(d) a machine-gun
or sub-machine-gun; or
(e) any automatic
or semi-automatic firearm, other than a pistol, that is or has been
in use in the Defence Forces, the Police Force or the armed or police
forces of any neighbouring State;
shall be guilty of
an offence and liable to a fine not exceeding level twelve5
or to imprisonment for a period not exceeding ten years or to both such
fine and such imprisonment.
(2) Where any firearm
or ammunition in respect of which a firearm certificate is capable of
being granted in terms of the Firearms Act [Chapter 10:09]
is found the possession of any person who does not hold such certificate,
the competent charge is contravening section 4 of the Firearms Act
[Chapter 10:09] and not contravening subsection (1).
(3) A person charged
with an offence in terms of subsection (1) may be found guilty of
contravening section 4 of the Firearms Act [Chapter 10:09]
if such are the facts proved.
14 Temporary
prohibition of possession of certain weapons within particular police
districts TOP
(1) Without derogation
from section 13, if a regulating authority believes that the carrying
in public (whether openly or by concealment in a public place or public
thoroughfare) or public display of any of the following weapons or items
capable of use as weapons—
(a) catapults,
machetes, axes, knob-kerries, swords, knives or daggers;
(b) any traditional
weapon whatsoever,
is likely to occasion
public disorder or a breach of the peace, he may within his police district
prohibit for a specified period of time not exceeding three months the
carrying in public or public display of any such weapons or items capable
of use as weapons as he shall specify.
(2) A prohibition
issued under subsection (1) shall not have effect until it is published—
(a) in a newspaper
circulating in the area to which the prohibition applies; or
(b) by notices
distributed among the public or affixed upon public buildings in the
area to which the prohibition applies; or
(c) by announcement
of a police officer broadcast or made orally.
(3) Any person
who is aggrieved by a prohibition issued under subsection (1) may
appeal against it to the Minister, and the Minister may confirm, vary
or set aside the prohibition or give such order or direction in the matter
as he thinks just.
(4) Any person
who fails to comply with a prohibition made under subsection (1) shall
be guilty of an offence and liable to a fine not exceeding level five6
or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
(5) A police officer
may, without warrant, seize any weapon or item capable of use as a weapon
found in the possession of any person in contravention of subsection (1),
and shall place in safe custody every weapon or item so seized so that
it may be submitted to the jurisdiction of the court to be dealt with
in accordance with section 39.
15 Publishing
or communicating false statements prejudicial to the State TOP
(1) Any person
who, whether inside or outside Zimbabwe, publishes or communicates to
any other person a statement which is wholly or materially false with
the intention or realising that there is a risk or possibility of—
(a) inciting
or promoting public disorder or public violence or endangering public
safety; or
(b) adversely
affecting the defence or economic interests of Zimbabwe; or
(c) undermining
public confidence in a law enforcement agency, the Prison Service or
the Defence Forces of Zimbabwe; or
(d) interfering
with, disrupting or interrupting any essential service;
shall, whether or
not the publication or communication results in a consequence referred
to in paragraph (a), (b), (c) or (d), be guilty of an offence and liable
to a fine not exceeding level ten7
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
(2) Any person
who, whether inside or outside Zimbabwe and whether with or without the
intention or realisation referred to in subsection (1), publishes
or communicates to any other person a statement which is wholly or materially
false and which—
(a) he knows
to be false; or
(b) he does not
have reasonable grounds for believing to be true; shall, if the publication
or communication of the statement—
(i) promotes
or incites public disorder or public violence or endangers public
safety; or
(ii) adversely
affects the defence or economic interests of Zimbabwe; or
(iii) undermines
public confidence in a law enforcement agency, the Prison Service
or the Defence Forces of Zimbabwe; or
(iv) interferes
with, disrupts or interrupts any essential service;
be guilty of an offence
and liable to a fine not exceeding level ten8
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
16 Undermining
authority of or insulting President TOP
(1) In this section—
"publicly",
in relation to making a statement, means—
(a) making
the statement in a public place or any place to which the public or
any section of the public have access;
(b) publishing
it in any printed or electronic medium for reception by the public;
"statement"
includes any act or gesture.
(2) Any person
who publicly and intentionally—
(a) makes any
statement about or concerning the President or an acting President knowing
or realising that there is a risk or possibility of—
(i) engendering
feelings of hostility towards; or
(ii) causing
hatred, contempt or ridicule of;
the President or
an acting President, whether in person or in respect of his office;
or
(b) makes any
abusive, indecent, obscene or false statement about or concerning the
President or an acting President, whether in respect of his person or
his office;
shall be guilty of
an offence and liable to a fine not exceeding level six9
or to imprisonment for a period not exceeding one year or to both such
fine and such imprisonment.
1 Before 3rd February,
2006, this was $200 000 dollars.
2 Before 3rd February, 2006, this was $50 000 dollars.
3 Before 3rd February, 2006, this was $100 000 dollars.
4 Before 3rd February, 2006, this was $20 000 dollars.
5 Before 3rd February, 2006, this was $200 000 dollars.
6 Before 3rd February, 2006, this was $10 000 dollars.
7 Before 3rd February, 2006, this was $100 000 dollars.
8 Before 3rd February, 2006, this was $100 000 dollars.
9 Before 3rd February, 2006, this was $20 000 dollars.
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