JUSTICE IN ZIMBABWE
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is likely to undermine public confidence in the Prison Service, at least to some extent;
and if his report turns out to be untrue he will be liable to prosecution.
A person can be sent to prison for up to one year for intentionally making a public
statement that engenders feelings of hostility towards or causes hatred, contempt or
ridicule of the President, whether in person or in respect of his office or if he makes
any abusive, indecent, obscene or false statement about the President, whether in
respect of his person or office.101 This offence is inappropriate in a country which has
an executive President who is subject to election and re-election. A candidate who is
standing for election against a sitting President cannot engage in the ordinary cut and
thrust of political debate, or criticise the President’s conduct while in office, without
fear of prosecution under the Act.
A person can be sent to prison for up to twenty years without the option of a fine if he
organises or sets up a group or even suggests the setting up of a group that will apply
pressure to or attempt to apply pressure to government by various activities. These
include the use of physical force or violence. They also include boycotts, civil
disobedience or active or passive resistance to any law, but before these latter
activities fall foul of this provision they must be accompanied by the use of or
threatened use of physical force or violence 102.
The police are given extensive powers to control public meetings, assemblies and
demonstrations. The organiser of a public meeting or assembly must give four days’
notice to the police. The failure to give such notice attracts a maximum sentence of
six months’ imprisonment.103 The police can prohibit any meeting or procession if a
senior police officer has reasonable cause to believe that the meeting or procession
will lead to public disorder.104 The only right of appeal against this prohibition is to
the Minister in charge of the police. The police may also ban public demonstrations in
an area for up to a month if they believe that this is necessary to prevent public
disorder.105
The police also have power to demand production of an identity document by anyone
over the age of 16 whom they find in a public place. If a person cannot produce an
identity document immediately, and if he or she is present at a public gathering or
meeting of a political nature, the person can be detained by the police until his or her
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