PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17] 42 Saving of other laws as to riotous gatherings, etc. Nothing in this Act shall be construed as affecting the right or duty of any person under any other law to disperse riotous gatherings and to prevent or suppress other unlawful acts, or to assist in such dispersal, prevention or suppression. 43 Amendment of Cap. 4:01 The Citizenship of Zimbabwe Act [Chapter 4:01] is amended in the Schedule by the repeal of subparagraph (a) of paragraph 5 and the substitution of⎯ “(a) any provision of the Public Order and Security Act [Chapter 11:17], or the Law and Order (Maintenance) Act [Chapter 11: 07] before its repeal by the Public Order and Security Act [Chapter 11:17];”. 44 Amendment of Cap. 9:07 The Criminal Procedure and Evidence Act [Chapter 9:07] is amended⎯ (a) in section 32 by the repeal of subsection (2) and the substitution of⎯ "(2) Subject to subsections (3) and (4), a person arrested without warrant shall as soon as possible be brought to a police station or charge office and, if not released by reason that no charge is to be brought against him, may be detained for a period not exceeding forty-eight hours unless he is brought before a judge or magistrate upon a charge of any offence and his further detention is ordered by that judge or magistrate or a warrant for his further detention is obtained in terms of section thirty-three: Provided that if the person arrested without warrant is charged with any offence referred to in paragraph 10 of the Third Schedule⎯ (a) the judge or magistrate before whom he is brought in terms of this section shall not decline to order his further detention or to issue a warrant for his further detention solely on the basis that there are no prima facie grounds for the charge; and (b) no court shall admit such person to bail for a period of seven days from the date when an order or warrant for his further detention was issued in terms of paragraph (a)."; (b) in section 50⎯ (i) in subsection (1) by the insertion in paragraph (a) after “premises” of “or area”; (ii) in subsection (2) by the insertion in paragraph (a) after “warrant” of “, or any premises within an area identified in the warrant,”; (c) in section 116 by the deletion from subsection (2) of “Law and Order (Maintenance) Act [Chapter 11:07]” and the substitution of “Public Order and Security Act [Chapter 11:17],”; (d) in section 121 in subsection (1) by the repeal of paragraph (a) of the proviso; - 29 -

Select target paragraph3

Add to table of contents