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Zim legal matters think-tank, Veritas has concluded that the newly amended <a href="https://www.pindula.co.zw/Maintenance_of_Peace_and_Order_Bill_(MOPA)">Maintenance of Peace and Order Bill</a> (MOPA) is till <a href="https://www.pindula.co.zw/Constitution_of_Zimbabwe">unconstitutional</a>.
An amended bill was made after the Parliamentary Legal Committee raised objections in an adverse report and the bill was passed by National Assembly on 9 August. The amended bill will now go through the Senate after which it will eventually become law.
Said Veritas in its analysis:
<blockquote>
<h3>Is the Bill Now Constitutional?</h3>
No it is not. As pointed out above, the amendments have not met the PLC’s objection that clauses 5 to 8 unduly limit citizens’ constitutional right to demonstrate peacefully in public. Clause 12 is equally repressive, by imposing excessive civil liability on convenors who fail to notify the police of forthcoming demonstrations. The Bill still prohibits demonstrations near Parliament which, as the PLC said, unduly inhibits citizens from petitioning Parliament.
It is to be hoped that the Senate will make further amendments to protect the essential democratic freedoms of assembly and demonstration, and to render the Bill fully compliant with the Constitution. Further amendments to that end could include the following:
<ul>
<li>Allowing unplanned demonstrations and meetings to be held.</li>
<li>For planned demonstrations and meetings, reducing the period of notice that must be given to the police beforehand: four days should be ample notice.</li>
<li>Giving a magistrate, rather than a senior police officer, the power to prohibit the holding of gatherings under clause 8(9) of the Bill. In other words if a regulating authority (a senior police officer) believes that a gathering will cause serious disorder, he or she should approach a magistrate for an order prohibiting the gathering, and the magistrate should be obliged to consult the organisers before issuing such an order.</li>
<li>Allowing organisers of public gatherings to escape civil liability for loss or damage under clause 12 of the Bill if they can show that the injury or damage would probably have occurred even if they had complied fully with all instructions given by the police.</li>
<li>Giving courts a discretion to award compensation for loss or damage caused by violent public gatherings under clause 12(5) of the Bill. At present courts must award compensation, whether victims have asked for it or not.</li>
<li>Obliging the Police, whenever they use force to disperse or control a gathering, to make a full written report to the Minister with a copy to the organisers of the gathering, and obliging the Minister to lay the report before Parliament.</li>
</ul>
</blockquote>
More: <a href="http://www.veritaszim.net/node/3649">Veritas</a>

Pindula News

Still Unconstitutional: Veritas Conclusion On Maintenance of Peace and Order Bill After Amendments

PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM 02 JUNE TO 07 JUNE 2019. 
Team 2 Thursday, 06 June 2019
1000hrs – 1200hrs Chinotimba Hall – Victoria Falls
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019.
Team 2 Wednesday, 05 June 2019
0800hrs- 1000hrs  Iminyela Hall – Bulawayo
1330hrs – 1530hrs Lupane Council Hall &#8211; Lupane
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019.
Team 2 Monday, 03 June 2019
1000hrs &#8211; 1200hrs Cheziya Community Hall – Gokwe
1430hrs – 1630hrs Gweru Theatre – Gweru.
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019. 
Friday, 07 June 2019
0800hrs – 1200hrs City Sports Centre- Harare
1400hrs – 1600hrs Chitungwiza Aquatic Complex &#8211; Harare
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019.
Thursday, 06 June 2019
0800hrs &#8211; 1000hrs Nemamwa Challette Conference Room – Masvingo
Gutu Business Centre &#8211; Masvingo1300hrs &#8211; 1500hrs
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019
Wednesday, 05 June 2019
0800hrs &#8211; 1000hrs Queen’s Hall – Mutare
1400hrs &#8211; 1600hrs Gaza Hall – Chipinge.
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019 
Tuesday, 04 June 2019
0900hrs &#8211; 1100hrs Zihute Hall – Murehwa
1400hrs &#8211; 1600hrs MbuyaNehanda Hall – Marondera.
PUBLIC HEARINGS ON THE MAINTENANCE OF PEACE AND ORDER BILL [H.B.3, 2019] WILL BE HELD FROM FROM 02 JUNE TO 07 JUNE 2019
Monday, 03 June 2019
0830hrs &#8211; 1030hrs Tendai Hall – Bindura,
1400hrs &#8211; 1600hrs Mvurwi Business Centre – Mvurwi.

Venues For Public Hearings On The Maintenance Of Peace And Order Bill

The government is moving towards replacing the Public Order and Security Act (POSA) with a new law, the proposed Maintenance of Peace and Order Bill.
While addressing the media during the post-cabinet meeting on Tuesday, Information and Publicity Minister Monica Mutsvangwa said:
<blockquote>Following the approval by the cabinet of the repeal of the Public Order and Security Act (POSA) at its previous sitting, Cabinet considered and approved the consequent proposed Maintenance of Peace and Order Bill, Whose provisions will be in conformity with the constitution of Zimbabwe.
There is a provision in POSA where the armed forces can be called to assist the police and the constitution says that once armed forces have been called to assist the police, the president must cause parliament to be informed.
We are going to insert that provision to ensure that within the Maintenance of Peace and Order Bill, that provision is captured whereby the president will now be called upon to inform parliament within seven days of its next sitting after deploying soldiers to assist the police.</blockquote>
<h4>Related:</h4>
<ul>
<li class="entry-title">
<h4><a href="https://news.pindula.co.zw/2019/02/19/cabinet-okays-posa-repeal-approves-maintenance-of-peace-and-order-bill/" target="_blank" rel="noopener">Cabinet Okays POSA Repeal, Approves Maintenance Of Peace And Order Bill</a></h4>
</li>
</ul>
More: <a href="https://mailandtelegraph.com/2019/02/20/new-law-to-force-ed-to-inform-parliament-before-deploying-army/">Mail and Telegraph</a>

New Law To Force President To Inform Parliament Before Deploying Army

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.
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Cabinet Okays POSA Repeal, Approves Maintenance Of Peace And Order Bill

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