fundamental importance of freedom of expression as a means of ensuring respect for
all human rights, stating that freedom of expression is a fundamental human right and
an indispensable component of democracy.30
The police have often used key provisions of the Public Order and Security Act to
justify arrests that violate the rights to freedom of expression, association and
assembly.31 Sections 25 and 26 of POSA grant the police wide powers to prevent and
breakup public gatherings if they are deemed to endanger public order. The police
have used these provisions to strictly monitor public meetings or violently disrupt
peaceful demonstrations.
The police have also loosely interpreted certain provisions of POSA. Section 24 of
POSA merely requires that the police be notified ahead of time about a public
meeting; once the police have been notified, the meeting can go ahead.32 However,
according to civil society activists who spoke to Human Rights Watch, police
authorities insist that police permission—and not mere notification—is required to
hold public meetings, gatherings or demonstrations. This permission is granted or
withheld on arbitrary grounds and is frequently denied to activists who try to hold
public meetings or demonstrations. Activists who go ahead with such meetings are
then arrested for holding a meeting without permission.
The broad wording of key provisions of POSA and the misapplication of some
provisions of the act has resulted in violations of the rights of Zimbabweans to freely
assemble, criticize the government and the president, and engage in, advocate, or
organize acts of peaceful civil disobedience. Most of the activists who have been
arrested under POSA informed Human Rights Watch that charges against them were
either dropped or dismissed in court.
30
African Commission on Human and Peoples’ Rights, Resolution on the Right to Freedom of Association, Tunis, March 1992.
31
The Public Order and Security Act (POSA), 2002. Sections 23–31 of the act regulate the organization and conduct of public
gatherings and provide the police with extensive powers to control them.
32
Section 24 of the POSA requires the organizer of a public meeting or gathering to notify the regulating authority (in this
case the police) of the intention to hold a public gathering. The organizer of a public gathering is required to give at least four
clear days’ written notice of the holding of the gathering to the regulating authority for the area in which the gathering is to be
held.
“you will be thoroughly beaten”
12
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