Bill Watch 44/2019 Amendments to the Maintenance of Peace and Order Bill 12 August 2019 other weapons as a last resort. The National Assembly passed an amendment to the clause to remove the references to firearms and weapons. This is a welcome and necessary change, one which was not suggested by the PLC. Clause 14: Persons to carry identity documents This clause required every adult to carry his or her identity document in public and gave police officers power to demand that he or she produce it. This, as the PLC rightly pointed out, was unconstitutional. The clause has been amended so that it provides merely that if a person is reasonably suspected of having committed an offence the police can demand his or her identity document. The person will then have to produce it within seven days at a police station. The clause is now constitutional. The next five amendments were not suggested by the PLC and were made in the course of debate during the Committee Stage in the National Assembly. Clause 15: Cordon and search This clause will allow the police to establish cordons round an area in order to contain public violence within the area or to prevent violence spreading to the area. The effect of the amendment is that cordons may be established for those purposes if it is reasonably necessary to do so in the interests of, amongst other things, “public morality, public health or regional or town planning”. What public morality, public health or town planning have to do with containing public violence is anyone’s guess. Clause 19: Powers of search and seizure This clause will allow a court convicting a person of an offence involving public security to order the forfeiture of any vehicle, aircraft or vessel involved in the offence. The amendment will limit the court’s power to vehicles, aircraft or vessels used to commit the offence or to enable it to be committed. Clause 21: Special jurisdiction of magistrates This clause will give magistrates jurisdiction to impose very severe sentences for offences involving public security. The National Assembly resolved to delete a subclause giving the President power to suspend the operation of the clause. While deleting the subclause is a good idea, magistrates’ sentencing powers under the clause are still far too great and should only be exercised by the High Court. New clause: Repeal of POSA The Assembly resolved to insert a new clause repealing POSA; the Bill in its original form omitted to do this. Schedule: The Assembly voted to insert a provision that will allow “meetings of traditional leaders with their subjects” to be held without the need to give prior notice to the police.

Select target paragraph3