News / National
Public Order and Security Act is 'democratic'
05 Jul 2017 at 06:54hrs | Views
THE Zimbabwe Republic Police (ZRP) has maintained that the draconian Public Order and Security Act (Posa) is a democratic piece of legislation, despite calls by civic society groups that it must be repealed for thwarting freedom of assembly as envisaged in the Constitution.
In a speech to civic society groups in Bulawayo recently, ZRP deputy director for legal affairs, Assistant Commissioner Naison Chivayo, described Posa as a sane piece of legislation, which allows for consultations between police and groups wishing to assemble.
Chivayo had been asked to make a presentation on police responsibilities in maintaining peace and order during elections at a workshop by the Southern Africa Parliamentary Support Trust, Zimbabwe Institute and the Parliamentary Portfolio Committee on Justice on a petition by the Elections Resource Centre and 14 other civic groups on amendments to the Electoral Act.
"Much criticism has been targeted at section 27 of Posa, which gives police regulative powers to prohibit demonstrations, but that power is not arbitrarily exercised before a ban is ordered because there are wider consultations which take place with many stakeholders," he said.
"The rationale behind giving notice is to allow for consultations on holding of public gatherings, and, therefore, to the extent that Posa allows for consultations, it is, thus, a democratic piece of legislation."
Section 27 of Posa stipulates that temporary prohibition of holding public demonstrations within particular police districts can be made if a regulating authority for any area believes on reasonable grounds that there might be public disorder.
Chivayo said there was need to balance the rights of participants and non-participants during demonstrations.
"This is because in the past, demonstrations have been hijacked by malcontents to the extent of violence generating and leading to loss of lives and property, disturbing vehicular and pedestrian traffic, and, therefore, Posa ensures that public participation in gatherings does not impinge on the rights of others," he said.
The police chief said the ZRP has a moral code of conduct defining how police are expected to conduct their mandate diligently, courteously and without fear or favour within the limits of the law and with due regard to human rights.
"It is not the police's duty to change laws, but their duty is to enforce them. Unless and until the pieces of legislation are changed by Parliament or the courts, they remain the laws of the country and everyone is subject to their provisions."
Last week, police in Harare fought running battles with protesters who were complaining against police harassment and use of spikes to control traffic.
The police hurled teargas canisters into the crowd.
In a speech to civic society groups in Bulawayo recently, ZRP deputy director for legal affairs, Assistant Commissioner Naison Chivayo, described Posa as a sane piece of legislation, which allows for consultations between police and groups wishing to assemble.
Chivayo had been asked to make a presentation on police responsibilities in maintaining peace and order during elections at a workshop by the Southern Africa Parliamentary Support Trust, Zimbabwe Institute and the Parliamentary Portfolio Committee on Justice on a petition by the Elections Resource Centre and 14 other civic groups on amendments to the Electoral Act.
"Much criticism has been targeted at section 27 of Posa, which gives police regulative powers to prohibit demonstrations, but that power is not arbitrarily exercised before a ban is ordered because there are wider consultations which take place with many stakeholders," he said.
"The rationale behind giving notice is to allow for consultations on holding of public gatherings, and, therefore, to the extent that Posa allows for consultations, it is, thus, a democratic piece of legislation."
Section 27 of Posa stipulates that temporary prohibition of holding public demonstrations within particular police districts can be made if a regulating authority for any area believes on reasonable grounds that there might be public disorder.
"This is because in the past, demonstrations have been hijacked by malcontents to the extent of violence generating and leading to loss of lives and property, disturbing vehicular and pedestrian traffic, and, therefore, Posa ensures that public participation in gatherings does not impinge on the rights of others," he said.
The police chief said the ZRP has a moral code of conduct defining how police are expected to conduct their mandate diligently, courteously and without fear or favour within the limits of the law and with due regard to human rights.
"It is not the police's duty to change laws, but their duty is to enforce them. Unless and until the pieces of legislation are changed by Parliament or the courts, they remain the laws of the country and everyone is subject to their provisions."
Last week, police in Harare fought running battles with protesters who were complaining against police harassment and use of spikes to control traffic.
The police hurled teargas canisters into the crowd.
Source - newsday
