(a) the onus of proving a lawful excuse for the custody or possession of an article referred to in subsection (1) shall lie on the person charged with the crime; (b) if it is proved that the person charged with the crime had in his or her custody or possession an article made or adapted for use in unlawful entry into premises, theft, fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] it shall be presumed unless the contrary is proved that the person had it in his or her possession for such use. 41 Disorderly conduct in public place Any person who, in a public place (a) intentionally engages in disorderly or riotous conduct; or (b) uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner, intending to provoke a breach of the peace or realising that there is a real risk or possibility that a breach of the peace may be provoked; shall be guilty of disorderly conduct in a public place and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. 42 Causing offence to persons of a particular race, religion, etc. (1) In this section— “creed or religion” means any system of beliefs associated with practices of worship that is adhered to by any significant body of persons in Zimbabwe or any other country; “film”, “picture”, “publication”, “record” and “statue” have the meanings assigned to those terms by section 2 of the Censorship and Entertainments Control Act [Chapter 10:04]; “publicly”, in relation to making a statement, means— (a) making the statement in a public place or any place to which the public or any section of the public have access; (b) publishing it in any printed or electronic medium for reception by the public; “statement” includes any act, gesture or form of expression, whether verbal, written or visual, but does not include any film, picture, publication, statue or record that is of a bona fide literary or artistic character. (2) Any person who publicly makes any insulting or otherwise grossly provocative statement that causes offence to persons of a particular race, tribe, place of origin, colour, creed or religion, intending to cause such offence or realising there is a real risk or possibility of doing so, shall be guilty of causing offence to persons of a particular race, tribe, place of origin, colour, creed or religion, as the case may be, and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. 43 Possession of offensive weapons at public gatherings (1) In this section— “offensive weapon” means— (a) any weaponry or offensive material; or (b) any object made or adapted to be used for causing injury to the person; or (c) any stone. (2) Any person who, while present at a public gathering, has with him or her any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of possessing an offensive weapon at a public gathering and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. (3) For the purposes of subsection (2), a person shall be deemed to be acting in pursuance of lawful authority only if the person is acting in his or her capacity as a police officer, a member of the Defence Forces or an employee of the State or a local authority. 44 Disrupting a public gathering Any person who, at a public gathering (a) engages in disorderly or riotous conduct; or (b) uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner; intending to prevent the transaction of the business for which the gathering was called together, or realising that there is a real risk or possibility that the transaction of business may be prevented, shall be guilty of disrupting a public gathering and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. 45 Intimidation Any person who, intentionally and by means of an express or implied threat of unlawfully inflicted harm, compels or induces another person (a) to do something which that person is not legally obliged to do; or (b) to refrain from doing something which that person is legally entitled to do;