Cabinet has approved the repealing of POSA and approved the consequent proposed Maintenance of Peace and Order Bill.
Information Minister Monica Mutsvangwa said this during a post cabinet media briefing. Mutsvangwa said the provisions of the Maintenance of Peace and Order Bill will be in conformity with the Constitution. In October last year, the Constitutional Court (Con-Court) delivered a landmark ruling saying POSA is unconstitutional. The ConCourt ruled specifically that Section 27 of the Public Order and Security Act (Chapter 11:17) is unconstitutional. Section 27 allowed fot temporary prohibition of holding public demonstrations within particular police districts.
Posa was enacted in 2002, replacing Law and Order Maintenance Act (Loma), which was enacted by the Rhodesians before the country’s independence in 1980. Under Posa, police enjoyed wide and discretional powers; such as sanctioning or banning public gatherings and peaceful demonstrations.