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Public
Order and Security Act
January 22, 2002
Contents
PART
V
Enforcement
and Preservation of Public Order and Security
32. Persons
to carry identity documents.
33. Cordon
and search.
34. Powers
of stopping and searching
35. Powers
of police officers in relation to aircraft, aerodromes and airstrips.
32 Persons
to carry identity documents TOP
(1) In this section—
"arrestable
offence" means an offence specified in the First Schedule to
the Criminal Procedure and Evidence Act [Chapter 9:07];
"identity
document" means—
(a) a document
issued to a person in terms of section 7 of the National Registration
Act [Chapter 10:17], or a passport or drivers licence
issued by or on behalf of the Government of Zimbabwe; or
(b) any visitor’s
entry certificate or other certificate or permit issued to a person
in terms of the Immigration Act [Chapter 4:02], or in
terms of any enactment relating to refugees; or
(c) any passport,
identity document or driver’s licence issued by a foreign government.
(2) Subject to
this section, every person of or above the age of sixteen years shall,
when in a public place, carry an identity document on his person.
(3) Subject to
this section, a police officer may at any time require a person of or
above the age of sixteen years in a public place to produce an identity
document.
(4) Any person
who fails to produce his identity document immediately on request by a
police officer—
(a) acting in
good faith in the course of investigating or preventing an arrestable
offence; or
(b) at the scene
or in the immediate vicinity of the commission of an arrestable offence
committed within the preceding 48 hours; or
(c) within a
police cordon; or
(d) at a police
road block; or
(e) in the immediate
vicinity of any area controlled or protected in terms of the Defence
Act [Chapter 11:02], the Protected Places and Areas Act
[Chapter 11:12] or the Parks and Wild Life Act [Chapter 20:14];
or
(f) at a public
gathering or a public meeting of a political nature;
may be detained by the police
officer until such time as his identity is established or verified to
the satisfaction of the police officer:
Provided that the police
officer shall afford the person detained every reasonable facility to
enable him to establish or verify his identity.
shall be guilty
of an offence and liable to a fine not exceeding $5,000 or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
(5) Any person
who is found without an identity document on his person in circumstances
other than those specified in subsection (4) shall be afforded an
opportunity, within seven days thereafter, of producing his identity document
at a police station specified by the police officer concerned.
(6) Any person
who, on being required to do so in terms subsection (5), fails to
produce his identity document at a police station specified in terms of
that subsection, may
be detained by the police officer until such time as his identity is established
or verified to the satisfaction of the police officer. shall
be guilty of an offence and liable to a fine not exceeding $5,000 or to
imprisonment for a period not exceeding six months or to both such fine
and such imprisonment.
33 Cordon
and search TOP
(1) A police officer
of or above the rank of inspector may establish a cordon round any area
if he considers it reasonably necessary—
(a) to contain
any public disorder or public violence within the area; or
(b) to protect
the area from any public disorder or public violence.
(2) Any person
who, otherwise than in terms of a written permit issued by a police officer,
knowingly enters or leaves any area round which a cordon has been established
under subsection (1) shall be guilty of an offence and liable to a fine
not exceeding level five1 or to
imprisonment for a period not exceeding six months or to both such fine
and such imprisonment.
(3) A peace officer
may without a warrant, within the area round which a cordon has been established
in terms of subsection (1)—
(a) conduct a
search for—
(i) any person
reasonably suspected of having committed an offence relating to or
arising out of public disorder or public violence which gave rise
to the establishment of the cordon; or
(ii) any evidence
relating to an offence referred to in subparagraph (i);
or
(b) arrest any
person referred to in paragraph (a).
34 Powers
of stopping and searching TOP
(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.
in
circumstances where there are reasonable grounds for believing that the
search or seizure is necessary in the interests of public safety, public
order or public health or for the prevention, investigation or detection
of a criminal offence.
(2) If a police
officer of or above the rank of inspector considers it reasonably necessary
in the interests of the public safety, public order or public health to
exercise without warrant the powers referred to in subsection (1)
in respect of vehicles, vessels and persons in or upon such vehicles or
vessels anywhere in Zimbabwe, he may authorise the erection of a road
block or checkpoint for the purposes of stopping vehicles or vessels so
that they can be searched, and thereupon such powers may be so exercised.
(3) 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
level six2 or to imprisonment
for a period not exceeding twelve months or to both such fine and such
imprisonment.
35 Powers
of police officers in relation to aircraft, aerodromes and airstrips TOP
(1) In this section—
"aerodrome"
has the meaning given to it by section 2 of the Civil Aviation
Act [Chapter 13:16];
"airstrip"
means a cleared area for the landing and taking-off of aircraft.
(2) A police officer
may and, without warrant—
(a) board any
aircraft that has landed at or is about to depart from Zimbabwe and
search it and any person in or upon such aircraft; and
(b) for the purpose
of paragraph (a) but subject to subsection (4)—
(i) enter
upon and search any aerodrome or airstrip; and
(ii) remain
at any aerodrome or airstrip for so long as he considers it necessary
for the proper performance of his duties;
and
(c) search any
person present within the aerodrome or airstrip or in the immediate
vicinity of the aerodrome or airstrip; and
(d) 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.
in
circumstances where there are reasonable grounds for believing that the
search or seizure is necessary in the interests of public safety, public
order or public health or for the prevention, investigation or detection
of a criminal offence.
(3) If a police
officer of or above the rank of inspector considers it reasonably necessary
in the interests of public safety, public order or public health to exercise
without warrant the powers referred to in subsection (2) in respect
of aircraft, aerodromes or airstrips and persons in or upon such aircraft,
aerodromes or airstrips anywhere in Zimbabwe, he may, subject to subsection (4),
authorise the presence of any police officer at such aerodrome or airstrip
and thereupon such powers may be so exercised.
(4) Subject to
subsection (5), no police officer shall, for the purposes of subsection (2)
or (3), be authorised to remain at an aerodrome or airstrip for more than
48 hours at a time without the consent of the Civil Aviation Authority
referred to in section 4 of the Civil Aviation Act [Chapter 13:16]
or the owner of the aerodrome or airstrip, as the case may be.
(5) If the Minister
is of the opinion that it is desirable in the interests of defence public
safety, public order or public health to do so, he may, by notice in a
statutory instrument, declare that during such period as may be specified
in such notice, police officers may, without warrant, exercise the powers
referred to in subsection (2) or (3) in respect of aircraft, aerodromes
or airstrips and persons in or upon such aircraft, aerodromes or airstrips
anywhere in Zimbabwe, and for that purpose to remain at an aerodrome or
airstrip for more than 48 hours at a time without the consent of the Civil
Aviation Authority referred to in section 4 of the Civil Aviation
Act [Chapter 13:16] or the owner of the aerodrome or airstrip,
as the case may be.
(6) Any person
who hinders or obstructs any police officer in the exercise of his powers
in terms of this section or takes any measures to prevent an aerodrome,
airstrip or aircraft or any person in or upon such aircraft, aerodrome
or airstrip being searched in terms of this section shall be guilty of
an offence and liable to a fine not exceeding level six3
or to imprisonment for a period not exceeding twelve months or to both
such fine and such imprisonment.
1 Before 3rd February,
2006, this was $10 000 dollars.
2 Before 3rd February, 2006, this was $10 000 dollars.
3 Before 3rd February, 2006, this was $10 000 dollars.
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