“No One Is Above MOPA”: Kazembe Defends Constitutional Amendment Arrests

“No One Is Above MOPA”: Kazembe Defends Constitutional Amendment Arrests

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Home Affairs and Cultural Heritage Minister Kazembe Kazembe said the police act within the confines of the law when regulating public gatherings, following the arrest of opposition politicians during meetings to discuss the Constitutional Amendment (No. 3) Bill, 2026.

Kazembe said the Maintenance of Peace and Order Act [Chapter 11:23] sets out the procedures that organisers of public gatherings must follow. He said:

“In Zimbabwe, we have a law, the Constitution, and MOPA. There are rules and regulations that are expected to be followed when you want to have public gatherings.

“If you want a gathering without demonstrations, you give a specific time that is not an election time and a notice of seven days, which states the date, the venue, the number of people gathering and the reason for the gathering.

“So, you are allowed to do so if you abide by that rule.”

Kazembe said that if the police suspect any issues during a gathering, they contact the convener to discuss the situation and work together to find a way forward. He added:

“MOPA allows an individual to appeal to a magistrate if their request has been declined. We also have an Independent Complaints Commission.

“If anyone realises that they are not satisfied with what the police have done, that Commission was appointed by the President.

“They can approach them and inform them that the issue has not been handled well by the police.

“So, we have two ways to deal with those who are aggrieved by the police’s decision.”

Former Finance Minister and Constitution Defenders Forum (CDF) leader Tendai Biti, along with activist Morgan Ncube, were arrested on 21 March during a meeting discussing the Constitutional Amendment (No. 3) Bill, 2026. They face charges of convening a public meeting without notifying the police.

Critics argue the arrests were politically motivated to suppress opposition to the proposed constitutional changes.

The controversial amendments include extending presidential, parliamentary, and council terms from five to seven years, potentially prolonging President Emmerson Mnangagwa’s rule beyond 2028 and delaying the next general election until 2030.

Biti and Ncube were each granted US$500 bail. They were ordered to surrender their passports, report to the police every two weeks, and were barred from addressing public gatherings without prior police notification.

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