Bill Watch 39/2019 Parliamentary Legal Committee Adverse Report on Maintenance of Peace and Order Bill 29 July 2019 conducted in the aftermath of the violent demonstrations in January this year. Virtually all trials in magistrates courts are “summary trials”. [Comment: The clause would make perfect sense if the references to summary trials were omitted; perhaps they should be omitted to avoid misconstruction.] Despite the misunderstanding, the Committee was right to draw attention to clause 21 because the sentencing powers it gives magistrates are excessive ‒ eye-wateringly so. A magistrate other than the most junior will be able to impose sentences of up to ten years’ imprisonment and regional magistrates up to twenty years. These are sentences that should be imposed only by judges of the High Court and only in the most serious of cases. Conclusion The PLC is to be commended for a report which points out the main respects in which the Bill is in conflict with the Constitution. It is gratifying for Veritas, because many of the Committee’s objections to the Bill are the same as those we pointed out in our Bill Watch 24/2019 of 2nd May 2019 [link]. It is to be hoped that the Government will pay proper attention to the report and revise the Bill to take account of the Committee’s valid objections. If the Bill is not revised extensively it will have a chilling effect on freedom of expression, freedom of assembly and the right to demonstrate, all vital to a democratic society and all guaranteed by the Constitution. Also, if the Bill is not revised it will prompt a great number of court cases challenging its constitutionality. Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied. If you want to contact Veritas, have any questions or wish to subscribe or unsubscribe please email veritas@mango.zw If you are looking for legislation please look for it on www.veritaszim.net Follow us on (+263 71 893 3633) This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

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