People’s right to hold a demonstration is not the only
factor that should be considered when a gathering has a potential to turn
violent because third parties ought to be equally protected by the law, a
Cabinet minister has said.
Justice, Legal and Parliamentary Affairs Minister Ziyambi
Ziyambi said it was pertinent to consider other people’s rights like the need
to protect their lives and property should a public gathering become violent.
Minister Ziyambi said this in Senate yesterday during the
Second Reading of the Maintenance of Peace and Order (MOPA) Bill which seeks to
repeal the Public Order and Security Act (POSA) .
The Bill was expected to sail though last night after
Senate suspended automatic adjournment rules to allow extensive debate on the
Bill as well as the Finance and
Appropriation Bill.
“Government objects strongly to the characterisation of the
Bill as undemocratic without specifying in what respect the Bill is
undemocratic or how it violates the charter of freedoms of rights in any way
not contemplated in a democratic society,” said Minister Ziyambi.
Government had made several concessions to accommodate
concerns raised by Parliament’s Legal Committee and the National Assembly which
had expressed reservations over some of the clauses, he said. One of the
amendments is to restrict to three months a ban by the regulatory authority the
carrying of weapons in a given police district.
“In Clause Four, the reference to traditional weapons as a
special category for dangerous weapons was removed as this only caused
confusion. A dangerous weapon is dangerous regardless of whether it is
traditional or not, so why single out traditional weapon. Furthermore, the ban
on such weapons within any police district is limited to three months within a
period of 12 months unless the regulatory authority seeks leave from a
magistrate to renew or extend the ban,” said Minister Ziyambi.
Minister Ziyambi also agreed to limit the circumstances in
which a police officer could ask for an identity card.
“In Clause 14, we have conceded that no police officers
ought to demand the production of an identity document from anyone except upon
reasonable suspicion that person has committed some offence. Very often the
mere production of such an ID will dissolve suspicion of criminality and make
an arrest unnecessary. Clause 16, the establishment of a checkpoint, is
permitted only where three or more police officers are present instead of only
one,” he said
“Clause 18 specifies the circumstances under the Zimbabwe
Defence Forces can be summoned to assist the police. This provision is included
in compliance with Government’s obligation under Section 213 of the
Constitution.” Herald
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