statutory instrument made by the Minister of Justice, Legal and Parliamentary Affairs with the
prior approval of Parliament. 83
127. The following part of this analysis surveys the law of Zimbabwe in relation to freedom of
association in so far as it provides the legislative context for the Commission of Inquiry’s
consideration of the present complaint.
B.
Legislative survey of freedom of association
Civil liberties
128. The Constitution of Zimbabwe is the principal legal source of civil liberties in the country.
Chapter III of the Constitution sets out the Declaration of Rights. The fundamental rights and
freedoms of individuals specified in this chapter include the rights to life (article 12), personal
liberty (article 13), protection from inhuman treatment (article 15), secure protection of the
law (article 18), freedom of expression (article 20), freedom of association and assembly
(article 21), and freedom of movement (article 22). Any person whose rights under the
Declaration of Rights have been, are being or are likely to be contravened may apply to the
Supreme Court for redress (article 24(1)).
129. Freedom of expression, association and assembly can be limited by legislative provisions
made “in the interests of defence, public safety, public order, the economic interests of the
State, public morality or public health”, as well as for the purpose of protecting the rights and
freedoms of other persons, and which are reasonably justifiable in a democratic society
(articles 20(2) and 21(3)). Furthermore, these freedoms cannot be exercised “in or on any
road, street, lane, path, pavement, sidewalk, thoroughfare or similar place which exists for the
free passage of persons or vehicles” (articles 20(6) and 21(4)). Finally, the exercise of these
freedoms by “public officers” can also be restricted (articles 20(2) and 21(3)).
130. Article XII of the GPA referring to freedom of assembly and association, notes that “public
meetings have to be conducted in a free, peaceful and democratic manner in accordance with
the law”. To that end, the Government should “undertake training programmes, workshops
and meetings for the police and other law enforcement agencies” on the issue of freedom of
assembly and association and the “proper interpretation, understanding and application of the
provisions of securing legislation”. For the purposes of ensuring that all state bodies and
institutions perform their duties ethically, professionally and in conformity with the principles
and requirements of a multi-party democratic system, the parties agreed to include the subjects
of human rights, international humanitarian law and statute law in the training curriculum of
members of the uniformed forces (article XIII).
131. Part II of the POSA 84 provides for offences against constitutional government and public
security, which include such acts as publishing or communicating false statements prejudicial
to the State (section 15) and undermining the authority of or insulting the President
(section 16). Any person who publishes or communicates a statement which is substantially
false and which may incite or promote public disorder or violence, endanger public safety,
adversely affect the defence or economic interests of Zimbabwe, undermine public confidence
83
Section 280 of the Criminal Law Act.
84
Part II also contains provisions dealing with offences relating to subverting constitutional
government, insurgency, banditry, sabotage or terrorism, causing disaffection among the police or
defence forces and possession of weapons (sections 5–14).
44
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