25 Arrest without warrant by peace officer or other officer
(1) Any peace officer and any other officer empowered by law to execute criminal warrants is hereby authorized, subject to the general or specific directions of a superior officer or person placed in authority over him, to
arrest without warrant—
(a) any person who commits any offence in his presence;
(b) any person whom he or she has reasonable grounds to suspect of having committed any of the offences
mentioned in the First Schedule or the Ninth Schedule:
Provided that if, in the case of an offence mentioned in the Ninth Schedule, the peace officer or
other officer concerned has reason to believe that the offence is sufficiently serious to justify the issue
by the Attorney-General of a certificate referred to in subsection (3b) of section thirty-two, the officer
concerned shall not effect an arrest in terms of this paragraph
(i) unless he or she is a police officer who is of or above the rank of assistant inspector, or is given
leave by such an officer to effect the arrest; and
(ii) where the alleged offence is disclosed by an anonymous complainant, unless the officer concerned immediately (and in any case no later than the end of the day on which the complaint is
received) records in writing the particulars, time and date of such complaint and the manner in
which it was made;
[Paragraph (b) substituted by section 2 of Act 14 of 2004.]
(c) any person whom he finds attempting to commit an offence, or clearly manifesting an intention so to do.
(2) Any peace officer may, without any order or warrant, arrest—
(a) any person having in his possession any implement of housebreaking and not being able to account
satisfactorily for such possession;
(b) any person in whose possession anything is found which it is reasonably suspected is stolen property or
property dishonestly obtained, and who is reasonably suspected of having committed an offence with respect to such thing;
(c) any person who obstructs a police officer or other peace officer while in the execution of his duly or
who has escaped or attempts to escape from lawful custody;
(d) any person reasonably suspected of being a deserter from the Defence Forces of Zimbabwe;
(e) any person who has been concerned in, or against whom a reasonable complaint has been made or
credible information has been received, or a reasonable suspicion exists of his having been concerned in,
any act committed at any place outside Zimbabwe, which if committed in Zimbabwe would have been
punishable as an offence, and for which he is, in terms of any enactment relating to extradition or fugitive offenders or otherwise, liable to be arrested or detained in custody in Zimbabwe;
(f) any person being or loitering in any place under such circumstances as to afford reasonable grounds for
believing that he has committed or is about to commit an offence;
(g) any person reasonably suspected of committing or of having committed an offence under any enactment
governing the making, supply, use, possession or conveyance of intoxicating liquor, habit-forming
drugs, traditional beer or harmful liquids or the possession or disposal of arms or ammunition;
(h) any person reasonably suspected of being a prohibited immigrant in Zimbabwe, for the purpose of any
enactment regulating entry into or residence in Zimbabwe;
(i) any person found in any gambling-house or at any gambling-table, the keeping or visiting whereof is in
contravention of any enactment for the prevention or suppression of gambling or games of chance;
(j) any person reasonably suspected of being or having been in unlawful possession of stock or produce, as
defined in any enactment for preventing the theft of stock or produce.
(3) Whenever it is provided in any enactment that the arrest of any person may be made by a police officer or
other official without warrant, subject to conditions or to the existence of circumstances in that enactment set out,
an arrest by any peace officer, without warrant or order, may be made of such person, subject to those conditions
or the existence of those circumstances.
26 Power of peace officer to call for name and address of certain persons
(1) A peace officer may call upon—
(a) any person whom he has power to arrest; and
(b) any person reasonably suspected of having committed any offence; and
(c) any person who may in his opinion be able to give evidence in regard to the commission or suspected
commission of any offence;
to furnish such peace officer with his full name and address.
(2) If a person on demand in terms of subsection (1)—
(a) fails to furnish his full name and address, the peace officer making the demand may forthwith arrest
him; or
Select target paragraph3
Add to table of contents