Bill Watch 39/2019
Parliamentary Legal Committee Adverse Report
on Maintenance of Peace and Order Bill
29 July 2019
This clause will prohibit public gatherings in the vicinity of Parliament, courts or
places declared to be protected places under the Protected Places and Areas
Act.
The Committee pointed out that Parliament is a public institution open to
members of the public and that the clause would unreasonably limit their right
to petition Parliament which is guaranteed by section 149 of the Constitution.
The Committee is undoubtedly correct. Even though the clause will allow
demonstrations near Parliament if the Speaker gives written permission for
them, the constitutional right to petition Parliament cannot be made dependent
on permission from the Speaker or a police officer.
Clause 12 (Civil liability of organisers of gatherings)
Under this clause organisers of gatherings who fail to notify regulating
authorities of their gatherings or to follow directives issued by regulating
authorities will be liable to compensate persons who suffer injury or loss from
public violence or breaches of the peace caused by or arising out of or
occurring at” the gatherings.
The Committee said this clause was too broad and an invasion of freedom of
assembly and association guaranteed by section 58 of the Constitution. Again
the Committee was quite right: organisers will be liable regardless of whether
they incite or permit the violence or disturbance which causes injury or loss,
and regardless of any measures they may have taken to prevent it.
Clause 14 (Carrying of identity documents)
This clause requires every adult to carry an identity document whenever he or
she is in a public place. The Committee considered the clause was “a remnant
from the oppressive colonial laws” and should not be in the Bill since it
contravened section 66(2)(a) of the Constitution which guarantees freedom of
movement.
Again the Committee is perfectly right: indeed more than 20 years ago our
Supreme Court declared a similar provision in the old Law and Order
(Maintenance) Act ‒ an oppressive colonial law ‒ to be unconstitutional for
precisely the same reason
Clause 21 (Special jurisdiction of magistrates)
This clause will give magistrates special powers to sentence people convicted
of crimes under the Bill “on summary trial”. The Committee considered that
summary trials went against the principles of natural justice and violated
section 69 of the Constitution, which provides for fair trials.
Here, with respect, the Committee seems to have misunderstood the meaning
of “summary trial”. In the context of magistrates courts it is a technical term
and means a trial which takes place without there having been a previous
hearing of the evidence before a magistrate other than the trial magistrate. It
does not mean a kangaroo trial or a rushed trial such as those that were