PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17]
42
Saving of other laws as to riotous gatherings, etc.
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
The Citizenship of Zimbabwe Act [Chapter 4:01] is amended in the Schedule
by the repeal of subparagraph (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
The Criminal Procedure and Evidence Act [Chapter 9:07] is amended⎯
(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 forty-eight 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 thirty-three:
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;
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