128 | Zimbabwe Rule of Law Journal
towards such officer or the Police Force or exposing such officer or the Police Force to contempt,
ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding
level seven or imprisonment for a period not exceeding 2 years or both.”
It is submitted that the constitutionality of this provision should also be considered on the basis of
whether there is a real possibility of promoting or inciting public disorder or public violence on a scale
that will significantly threaten public order or endanger public safety. The statement or act would also
have to be made or done in the presence of a significant number of persons. Being abusive to a police
officer in a police station would be very unlikely to have that effect: see S v Jekanyika HH-298-14.
Here, the appellant and another person entered the complainant’s office. The complainant, who was
the Officer Commanding Mutare Police District, greeted the two and offered them seats. Immediately
upon taking his seat, the appellant hurled certain accusations against the complainant which included
the allegations that the complainant had forced the appellant to give a statement to police. There
was also an allegation that the complainant had sent his officers to arrest him instead of protecting
him. The applicant is said to have accused the complainant of being a corrupt officer who wined and
dined with thieves. He threatened to air his grievances against the complainant with the President.
The appellant was drunk at the time. Hungwe J held that there had to be an intention to or realisation
of the risk or possibility of engendering feelings of hostility towards such officer or the police force
to contempt, ridicule or disesteem. In the circumstances, it could hardly be said that the appellant
intended to engender feelings of hostility towards either the complainant or the police force or that he
intended to expose the complainant or the police force in general to contempt or ridicule or disesteem.
The police are not delicate flowers that must be protected against the smallest of slights: they should
be able to put up with fairly robust remarks and treat them with indifference.
Conclusion
The judgment in the Chimakure case goes a long way in upholding the fundamental right to freedom
Select target paragraph3
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