reputation. What makes the offence more untenable is the fact that private
persons are rarely targeted for criticism. Public officials, who are expected to
tolerate more scathing criticism, are the usual targets and practice has shown
that such offences are created to protect them from accountability. One could
conclude that while the legislation could be argued to be constitutional the
problem in Zimbabwe is its deliberate misapplication used with impunity.
1.5.3 Public Order and Security Act [Chapter 11:17]
This legislation (thereafter referred to as POSA) is not ordinarily relevant to
artistic expression as it was adopted to implement the constitutional provisions
on freedom of assembly and association. However, the State, represented by
the police, has interpreted this legislation to ban artistic and theatrical
presentations on account of the fact that people gather to participate in such
exhibitions or presentations. The case in point is that of the politically charged
satire The Good President, which tells the political history of Zimbabwe since
independence (provoked serious debate for its portrayal of how Robert Mugabe
has ruled the country since then). This was a product of a long-time
collaboration between Zimbabwe’s best known playwrights, actors, and theatre
directors Cont Mdladla Mhlanga and Daves Guzha.
The play opened in the capital Harare with little incident. However, by the time
the play reached the city of Bulawayo it had been banned by the Censorship
Board. Heavily armed security agents attended the venue and interrupted
proceedings on allegations that the play violated the POSA, and that it was a
product of ‘political activists masquerade as artists’.40 Yet both political
activists and artists have the right to freedom of expression in its wide
interpretation. In the final analysis, POSA has become an integral part of the
miscellany of legislation and policy framework that directly impacts on the
exercise of freedom of artistic expression.
Art Watch Africa Monitoring Freedom of Creative Expression, Arterial Network Report (2013),
p 122.
40
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