In his presentation at a workshop held in Bulawayo recently, ZRP deputy director for legal affairs, Assistant Commissioner Naison Chivayo, described the Public Order and Security Act (Posa) as a democratic piece of legislation which ensures that public participation in gatherings does not impinge on the rights of others.
Said Chivayo:
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. 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.
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.
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