CHAPTER IV C RIMES AGAINST P UBLIC ORDER 35 Interpretation in Chapter IV In this Chapter “offensive material” and “weaponry” have the meanings given to those terms in section nineteen; “public demonstration” means a procession, gathering or assembly in a public place of persons and additionally, or alternatively, of vehicles, where the gathering is in pursuit of a common purpose of demonstrating support for, or opposition to, any person, matter or thing, whether or not the gathering is spontaneous or is confined to persons who are members of a particular organisation, association or other body or to persons who have been invited to attend; “public gathering” means a public meeting or a public demonstration; “public meeting” means any meeting which is held in a public place or to which the public or any section of the public have access, whether on payment or otherwise; “public place” means any thoroughfare, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved. 36 Public violence (1) Any person who, acting in concert with one or more other persons, forcibly and to a serious extent (a) disturbs the peace, security or order of the public or any section of the public; or (b) invades the rights of other people; intending such disturbance or invasion or realising that there is a real risk or possibility that such disturbance or invasion may occur, shall be guilty of public violence and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both. (2) In determining whether or not a disturbance of peace, security or order or an invasion of rights is sufficiently serious to constitute the crime of public violence, a court shall take into account all relevant factors, including the following (a) the nature and duration of the disturbance or invasion; (b) the motive of the persons involved in the disturbance or invasion; (c) whether the disturbance or invasion occurred in a public place or on private property; (d) whether or not the persons involved in the disturbance or invasion were armed and, if so, the nature of their weapons; (e) whether or not bodily injury or damage to property occurred in the course of or as a result of the disturbance or invasion; (f) whether or not there was an attack on the police or on other persons in lawful authority; (g) the manner in which the disturbance or invasion came to an end. (3) It shall be an aggravating circumstance if, in the course of or as a result of the public violence (a) there was an attack on the police or on other persons in lawful authority; or (b) bodily injury or damage to property occurred; or (c) the person who has been convicted of the crime instigated an attack on the police or other persons in lawful authority or instigated the infliction of bodily injury or the causing of damage to property. 37 Participating in gathering with intent to promote public violence, breaches of the peace or bigotry (1) Any person who— (a) acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly— (i) disturbing the peace, security or order of the public or any section of the public; or (ii) invading the rights of other people; or (b) acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked; or (c) acting together with one or more other persons present with him or her in any place or at any meeting utters any words or distributes or displays any writing, sign or other visible representation— (i) with the intention to engender, promote or expose to hatred, contempt or ridicule any group, section or class of persons in Zimbabwe solely on account of the race, tribe, nationality, place of origin, national or ethnic origin, colour, religion or gender of such group, section or class of persons; or