|
Back to Index
Public
Order and Security Act
January 22, 2002
Contents
PART
VI
General
36. Attorney-General
to authorise prosecutions under this Act.
37. When
Defence Forces may assist Police Force under this Act.
38. Powers
of seizure and forfeiture in relation to vehicles, aircraft and vessels.
39. Powers
of search, seizure and forfeiture generally.
40. Special
jurisdiction of magistrates.
41. Amendment
of Schedule.
42. Saving
of other laws as to riotous gatherings, etc.
43. Amendment
of Cap. 4:01.
44. Amendment
of Cap. 9:07.
45. Amendment
of Cap. 9:15.
46. Repeal
of Cap. 11:07.
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 level eight1 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 level twelve2
or imprisonment for a period not exceeding ten 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 level fourteen
or imprisonment for a period not exceeding twenty years3.
(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:";
(a) in
section 32 by the repeal of subsection (2) and the substitution of—
"(2) Subject to
subsections (3) and (4), a person arrested without warrant shall as
soon as possible be brought to a police station or charge office and,
if not released by reason that no charge is to be brought against him,
may be detained for a period not exceeding 48 hours unless he is brought
before a judge or magistrate upon a charge of any offence and his further
detention is ordered by that judge or magistrate or a warrant for his
further detention is obtained in terms of section 33:
Provided that if the person
arrested without warrant is charged with any offence referred to in
paragraph 10 of the Third Schedule—
(a) the judge or magistrate
before whom he is brought in terms of this section shall not decline
to order his further detention or to issue a warrant for his further
detention solely on the basis that there are no prima facie
grounds for the charge; and
(b) no court shall
admit such person to bail for a period of seven days from the date
when an order or warrant for his further detention was issued in terms
of paragraph (a).";
(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—
"THIRD
SCHEDULE (Sections 116 and 123)
Offences in
Respect of which Power to Admit Persons to Bail Is Excluded or Qualified
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.
1 Before 3rd February,
2006, this was $75 000 dollars.
2 Before 3rd February, 2006, this was $200 000 dollars.
3 Before 3rd February, 2006, this was "three hundred thousand dollars
or imprisonment for a period not exceeding fifteen years".
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.
TOP
|
