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Farirai Machivenyika, Harare Bureau
GOVERNMENT has gazetted the Maintenance of Peace and Order Bill that will replace the Public Order and Security Act in line with its commitment to open up democratic space and align laws with the Constitution.
The Maintenance of Peace and Order Bill (HB3:2019) was gazetted last week on Friday.
The Bill provides mechanisms for maintenance of peace and order during demonstrations or any public gatherings among other provisions.
According to the memorandum of the Bill, Clause 5; “provides for the appointment of conveners and authorised officers in the case of processions and public demonstrations and matters incidental thereto.
“It also provides for the regulating authority to authorise suitably qualified and experienced police officers to represent the regulating authority at consultations or negotiations as contemplated in section 8 and to perform such other functions as are conferred or imposed upon an authorised officer.”
Under Clause 6, the Bill provides for the appointment of a person to be responsible for the arrangements for a public meeting for an organisation and for that person to give notice in terms of section 7 and to act on behalf of that organisation at any consultations or negotiations as contemplated in section 8 or in connection with any other procedure contemplated in the Act at which his or her presence is required.
“Clause 7 provides for the timelines within which a convener of public meetings, public demonstrations and processions has to give notice to the regulating authority before proposed date of the public meeting, public demonstration or procession.
“This section also outlines the specific details that must be contained in this notice. It further provides for the liability for failure to comply with this section,” further reads the memorandum.
Clause 8 provides for instances when consultations, negotiations and amendment of notices can be made prior to holding of processions, public demonstrations and public meetings so as to avoid public disorder.
The officer commanding a police district is also empowered under Clause 4 to; “prohibit the carrying in public or public display of weapons such as catapults, machetes, knives or any traditional weapons within their police district for a period not exceeding three months. This notice shall only be effective only after it is published in a newspaper circulating in the area to which it applies, distributed among the public or affixed upon public building in the area to which the prohibition applies or through announcement of a police officer broadcast or made orally. Any person aggrieved by the issued prohibition may appeal against it to the Minister and any person who fails to comply with such prohibition shall be guilty of an offence.”
In clause 18, the President, as Commander-in-Chief of the Defence Forces, has power to authorise the deployment of the Defence Forces for the purpose of suppressing any civil commotion or disturbance in any police district.
Following its gazetting, the Bill is now set to be tabled in Parliament for debate.
Online Reporter