Public Order and Security Act [Chapter 11:17] as amended at 11th January, 2008
(iii) the prevention of injury to persons or damage to property;
(d) may order any person or group of persons interfering or attempting to interfere with a
gathering to cease such conduct and to remain at a distance from such gathering
specified by him or her;
(e) may, when an incident, whether or not it results from the gathering, causes or may
cause persons to gather at any public place, by notice in a manner contemplated in the
proviso to section 26(7) specify an area considered by him or her to be necessary for—
(i) the movement and operation of emergency personnel and vehicles; or
(ii) the passage of a gathering; or
(iii) the movement of traffic; or
(iv) the exclusion of the public from the vicinity; or
(v) the protection of property;
(f) may take all such steps, including negotiations with the relevant persons, as are in the
circumstances reasonable and appropriate to protect persons and property, whether or
not they are participating in the gathering or demonstration.
(2) In the circumstances where the holding or continuance of a gathering is unlawful by
virtue of any prohibition notice or any direction or order under section 26 or 27, or if, during the
course of a lawful gathering, any act is committed that constitutes a danger to persons and
property, a police officer of or above the rank of assistant inspector may, and only then, take the
following steps—
(a) call upon the persons participating in the gathering to disperse, and for that purpose he
or she shall endeavour to obtain the attention of those persons by such lawful means as
he or she deems most suitable; and then,
(b) in a loud voice order them in English and in ChiShona or SiNdebele, to disperse and to
depart from the place of the gathering within a time specified by him or her, which
shall be reasonable.
(3) If within the time specified under subsection (2)(b) the persons gathered have not so
dispersed or have made no preparations to disperse, the police officer concerned may order the
police officers under his or her command to disperse the persons concerned and may for that
purpose order the use of force, excluding the use of weapons likely to cause serious bodily
injury or death.
(4) The degree of force which may be so used shall not be greater than is necessary for
dispersing the persons gathered and shall be proportionate to the circumstances of the case and
the object to be attained.
(5) If any person who participates in a gathering or any person who hinders, obstructs or
interferes with persons who participate in a gathering—
(a) kills or seriously injures, or attempts to kill or seriously injure, or shows a manifest
intention of killing or seriously injuring, any person; or
(b) destroys or does serious damage to, or attempts to destroy or to do serious damage to,
or shows a manifest intention of destroying or doing serious damage to, any
immovable property or movable property considered to be valuable;
a police officer of or above the rank of assistant inspector may order the police officers under
his or her command to take the necessary steps to prevent the action contemplated in paragraph
- 14 -
Select target paragraph3
Add to table of contents