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Order and Security Amendment Bill, 2007 (H.B. 18, 2007)
in Gazette Extraordinary on Friday 14th December, 2007
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Order and Security Act
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Order and Security Amendment Bill, 2007
This Bill will
amend the Public Order and Security Act [Chapter 11:17] (“the
Act”) in clauses stipulated below.
This clause sets out the Bill’s short title.
This clause adds or amends various terms in the interpretation section
of the Act.
Under the existing section 25 of the Act, organisers of public gatherings
(other than gatherings specified in the Schedule to the Act) are
required to give at least seven days’ written notice of their
gatherings to a regulating authority - that is, to a senior police
officer appointed as the regulating authority for the area concerned.
The effect of this amendment to section 4 of the Act is to deem
that notice to have been properly given if it is delivered to the
most senior officer present in the police station closest in proximity
to the place where the gathering is proposed to be held.
Clauses 4 and
Under the existing section 26 of the Act a regulating authority
has power to prohibit a public gathering if the regulating authority
for the area believes on reasonable grounds that the gathering is
likely to occasion public disorder. Furthermore, under the existing
section 27 of the Act a regulating authority has power to prohibit
all public gatherings within any area for up to three months, where
the regulating authority believes on reasonable grounds that the
powers under sections 25 and 26 will not be sufficient to prevent
public disorder being caused by public gatherings. Before prohibiting
a gathering the regulating authority must, wherever practicable,
give the organiser an opportunity to make representations to him
or her, and an appeal against the prohibition lies to the Minister.
The amendments made by this clause will make mandatory the requirement
on the part of a regulating authority to give notice to the organiser
of an affected public gathering, where the regulating authority
receives credible information on oath that disorder may ensue if
the gathering proceeds. It will also require the regulating authority
to enter into a dialogue with the organiser of gathering (called
“the convener”), before issuing any prohibition order
(other than an order contemplated by section 27). The purpose of
the dialogue is to ensure that the gathering may take place safely,
and only if this is not possible will the regulating authority be
empowered to issue a prohibition order. An appeal against the prohibition
order will no longer lie to the Minister of Home Affairs but to
a magistrates court in terms of the new section 27B.
This clause insert two new sections in the Act.
The new section 27A prohibits gatherings in the vicinity of Parliament,
a court or any protected place or area declared as such in terms
of the Protected Areas and Places Act [Chapter 11:12] unless permission
therefor is given by the Speaker, Chief Justice, Judge President
or responsible authority of the protected place, as the case may
The new section
27B which provides for appeals to a magistrates court by any convener
aggrieved by any direction or prohibition notice issued in terms
of section 26, or any order temporarily prohibiting of holding of
public demonstrations within particular police districts issued
in terms of section 27.
This clause substitutes section 29 of the Act with a view to more
fully specifying and strictly circumscribing the powers of the Police
with respect to the dispersal of disorderly or potentially disorderly
Clauses 8 and
These clauses make consequential and minor amendments to the Act.
BY THE MINISTER OF HOME AFFAIRS
To amend the Public Order and Security Act [Chapter 11:17]; and
to provide for matters connected with or incidental to the foregoing.
the President and the Parliament of Zimbabwe.
This Act may be cited as the Public Order and Security Amendment
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