MISCELLANEOUS OFFENCES ACT (as amended)
(3) Any person who is guilty of an offence under this
section shall be liable to a fine not exceeding level four or
to imprisonment for a period not exceeding three months
or to both such fine and such imprisonment.6
shall be guilty of an offence and liable to a fine not
exceeding five thousand dollars or to imprisonment for a
period not exceeding twelve months and may, in addition,
be required to find sureties to keep the peace for such
period, not exceeding one year, as the court by which
such person is convicted may determine.8
6
Penalty for certain other offences
(1) Any person who—
(a)
without lawful excuse, the proof of which excuse
shall be on such person, has in his custody or possession any implement or article for use in housebreaking, theft, fraud or a contravention of section
57 of the Road Traffic Act [Chapter 13:11]; or
(b)
is found by night, without lawful excuse, the proof
whereof lies on him, in or upon any dwelling,
premises or area; or
(c)
enters any dwelling, premises or area with intent to
commit an offence; or
(d) is found armed—
(i) with any dangerous or offensive weapon or
instrument; or
(ii) with any thing which so closely resembles
any dangerous or offensive weapon or instrument as to be likely to be mistaken therefor;
and who, being required thereto, does not give a valid and
satisfactory reason for being so armed; or
(e)
is found loitering in any public place under such
circumstances as to afford reasonable grounds for
believing that he has committed or is about to
commit an offence; or
(f)
resists, or incites, aids or encourages any person to
resist, or hinders or disturbs any police officer,
constabulary member of the Police Force or officer
of a local authority in the execution of his duty; or
(g)
fails or neglects to comply with any requirement of
any police officer, constabulary member of the Police Force or officer of a local authority made in
terms of any enactment;
shall be guilty of an offence and liable to a fine not
exceeding ten thousand dollars or to imprisonment for a
period not exceeding two years or to both such fine and
such imprisonment.7
(2) In a prosecution for an offence under paragraph (a)
of subsection (1), if it is proved that the accused person
had in his custody or possession an implement or article
made or adapted for use in housebreaking, 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 he had it in his custody or possession for
such use.
8
Penalty for sale, etc. of certain types of knives
(1) In this section—
“specified knife” means a knife—
(a)
which has a blade—
(i) which opens automatically by hand pressure
applied to a button, spring or other device in
or attached to the handle of the knife, sometimes known as a “flick knife”; or
(ii) which is released from the handle or sheath
of the knife by the force of gravity or the application of centrifugal force and which,
when released, is locked in place by means of
a button, spring, lever or other device, sometimes known as a “gravity knife”; or
(iii) which is—
A. released from the handle or sheath of
the knife manually; and
B. locked in the open position by means
of a button, spring, lever or other device; and
C. released from the locked open position
otherwise than solely by manual pressure on the blade;
other than a trimming knife the blade of
which does not exceed thirty millimetres in
length;
or
(b)
which is declared in terms of subsection (2) to be a
specified knife.
(2) Where he considers it necessary in the public
interest to do so, the Minister may, by notice in a statutory instrument, declare any knife or class of knife to be a
specified knife for the purposes of this section and may,
in like manner, withdraw any such declaration.
(3) Any person who sells, hires or offers, displays or
advertises for sale or hire, or lends or gives to any other
person, or has in his possession, any specified knife shall
be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment. 9
(4) The court convicting any person of a contravention
of subsection (3) may order that any knife which formed
the subject of the charge shall be forfeited to the State.
7
Penalty for riotous or indecent conduct or
threats, etc.
Any person who, in any public place—
(a)
is guilty of riotous or indecent conduct; or
(b)
uses any threatening, abusive or insulting words or
behaves in a threatening, abusive or insulting manner with intent to provoke a breach of the peace or
whereby a breach of the peace may be occasioned;
or
(c)
employs any means whatsoever which are likely
materially to interfere with the ordinary comfort,
convenience, peace or quiet of the public or which
are likely adversely to affect the safety of the public
or does any act which is likely to lead to a breach
of the peace or to create a nuisance or obstruction;
9
Wearing and possession of camouflage
uniforms
(1) In this section—
“authorized person” means—
(a)
a member of the Defence Forces, the Police Force,
the Prison Service or any other uniformed force of
the State;
(b)
a member of a military force of a foreign State who
is—
(i) on attachment to any force referred to in
paragraph (a) under an arrangement made
between the Government and the Government of that foreign State; or
(ii) present in Zimbabwe, with the approval of
the Government, in the course of his official
duties;
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