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Public
Order and Security Act
January 22, 2002
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 level twelve1
or imprisonment for a period not exceeding ten years or to both such fine
and such imprisonment.
(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 level twelve2
or imprisonment for a period not exceeding ten years or to both such fine
and such imprisonment.
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 level ten3
or to imprisonment for a period not exceeding ten 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 or
resistance
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 level twelve4
or to imprisonment for a period not exceeding ten 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;
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 level seven5
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 level ten6
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
1 Before 3rd February,
2006, this was $100 000 dollars.
2 Before 3rd February, 2006, this was $100 000 dollars.
3 Before 3rd February, 2006, this was $50 000 dollars.
4 Before 3rd February, 2006, this was $200 000 dollars.
5 Before 3rd February, 2006, this was $20 000 dollars.
6 Before 3rd February, 2006, this was $100 000 dollars.
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