Difference between revisions of "Zimbabwe Criminal Code"

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(4)  For the avoidance of doubt it is declared that the test for realisation of a real risk or possibility supersedes the common-law test for constructive or legal intention and its components of foresight of a possibility and recklessness wherever that test was formerly applicable.
 
(4)  For the avoidance of doubt it is declared that the test for realisation of a real risk or possibility supersedes the common-law test for constructive or legal intention and its components of foresight of a possibility and recklessness wherever that test was formerly applicable.
  
−
16 Negligence
+
'''16 Negligence'''
 +
 
 
(1)  Where negligence is an element of any crime?
 
(1)  Where negligence is an element of any crime?
 +
 
(a) constituted by the performance of an act, the test is objective and consists of the inquiry whether the accused person's performance of that act was blameworthy in that?
 
(a) constituted by the performance of an act, the test is objective and consists of the inquiry whether the accused person's performance of that act was blameworthy in that?
 +
 
(i) a reasonable person in the same circumstances as the accused would not have performed that act;  or
 
(i) a reasonable person in the same circumstances as the accused would not have performed that act;  or
 +
 
(ii) the accused failed to perform the act with the care and skill with which a reasonable person in the same circumstances would have performed that act;
 
(ii) the accused failed to perform the act with the care and skill with which a reasonable person in the same circumstances would have performed that act;
 +
 
whichever inquiry is appropriate to the crime in question; or
 
whichever inquiry is appropriate to the crime in question; or
 +
 
(b) constituted by the omission to perform an act, the test is objective and consists of the inquiry whether the accused person's omission to perform that act was blameworthy in that a reasonable person in the same circumstances would not have omitted to perform the act;  or
 
(b) constituted by the omission to perform an act, the test is objective and consists of the inquiry whether the accused person's omission to perform that act was blameworthy in that a reasonable person in the same circumstances would not have omitted to perform the act;  or
 +
 
(c) constituted wholly or partly by a consequence resulting from the conduct of an accused person, or by the existence or absence of any circumstance in which such conduct occurred, the test is objective and falls into two parts?
 
(c) constituted wholly or partly by a consequence resulting from the conduct of an accused person, or by the existence or absence of any circumstance in which such conduct occurred, the test is objective and falls into two parts?
 +
 
(i) whether or not the accused person failed to realise that his or her conduct might produce the relevant consequence or that the relevant circumstance might exist or be absent;  and
 
(i) whether or not the accused person failed to realise that his or her conduct might produce the relevant consequence or that the relevant circumstance might exist or be absent;  and
 +
 
(ii) if the accused person did fail as provided in subparagraph (i), whether or not the person's failure was blameworthy in that a reasonable person in the same circumstances?
 
(ii) if the accused person did fail as provided in subparagraph (i), whether or not the person's failure was blameworthy in that a reasonable person in the same circumstances?
 +
 
A. would have realised that the relevant consequence might be produced and would have guarded against it;  or
 
A. would have realised that the relevant consequence might be produced and would have guarded against it;  or
 +
 
B. would have foreseen that the relevant fact or circumstance might exist or be absent and would have taken steps to ascertain whether or not it did exist;
 
B. would have foreseen that the relevant fact or circumstance might exist or be absent and would have taken steps to ascertain whether or not it did exist;
 
as the case may be.
 
as the case may be.
 +
 
(2)  For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall apply to the determination of the criminal liability of any person accused of culpable homicide, negligently causing serious bodily harm or negligently causing serious damage to property.
 
(2)  For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall apply to the determination of the criminal liability of any person accused of culpable homicide, negligently causing serious bodily harm or negligently causing serious damage to property.
−
17 References or absence of references to states of mind in statutory crimes
+
 
 +
'''17 References or absence of references to states of mind in statutory crimes'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"mental element", in relation to a crime, means any intention, knowledge, realisation of a real risk or possibility, or negligence with which that crime is committed;
 
"mental element", in relation to a crime, means any intention, knowledge, realisation of a real risk or possibility, or negligence with which that crime is committed;
 +
 
"strict liability crime" means a crime for the commission of which no mental element is required to be proved in order to establish liability for that crime.
 
"strict liability crime" means a crime for the commission of which no mental element is required to be proved in order to establish liability for that crime.
 +
 
(2)  Where in any enactment creating a crime?
 
(2)  Where in any enactment creating a crime?
−
(a) the word "corruptly", "deliberately", "dishonestly", "fraudulently", "indecently", "intend", "intentionally", "maliciously", "mischievously", "purposely", "wantonly" or "wilfully", or phrase "with intent to" or "for the purpose of" or any related or derivative expression is used with respect to the commission by any person of the crime, section thirteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing that crime;
+
 
−
(b) the word "knowing", "knowingly" or any related or derivative expression is used with respect to the commission by any person of the crime, section fourteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing it;
+
(a) the word "corruptly", "deliberately", "dishonestly", "fraudulently", "indecently", "intend", "intentionally", "maliciously", "mischievously", "purposely", "wantonly" or "wilfully", or phrase "with intent to" or "for the purpose of" or any related or derivative expression is used with respect to the commission by any person of the crime, section thirteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing that crime;
−
(c) the word "recklessly" or any related or derivative expression is used with respect to the commission by any person of the crime, section fifteen shall apply to the determination of the state of mind of the person accused of committing it;
+
 
−
(d) the word "negligently", "carelessly", "unskilfully" or any related or derivative expression is used with respect to the commission by any person of the crime, section sixteen shall apply to the determination of the state of mind of the person accused of committing it.
+
(b) the word "knowing", "knowingly" or any related or derivative expression is used with respect to the commission by any person of the crime, section fourteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing it;
 +
 
 +
(c) the word "recklessly" or any related or derivative expression is used with respect to the commission by any person of the crime, section fifteen shall apply to the determination of the state of mind of the person accused of committing it;
 +
 
 +
(d) the word "negligently", "carelessly", "unskilfully" or any related or derivative expression is used with respect to the commission by any person of the crime, section sixteen shall apply to the determination of the state of mind of the person accused of committing it.
 +
 
 
(3)  The test for realisation of a real risk or possibility contained in section fifteen shall only apply to a crime referred to in paragraph (a) or (b) of subsection (2)?
 
(3)  The test for realisation of a real risk or possibility contained in section fifteen shall only apply to a crime referred to in paragraph (a) or (b) of subsection (2)?
−
(a) if proof of intention as required by section thirteen or proof of knowledge as required by section fourteen is absent;  and
+
 
−
(b) if the crime is of a kind described in paragraph (a) or (b) of subsection (4).
+
(a) if proof of intention as required by section thirteen or proof of knowledge as required by section fourteen is absent;  and
 +
 
 +
(b) if the crime is of a kind described in paragraph (a) or (b) of subsection (4).
 +
 
 
(4)  The kinds of crime to which the test for realisation of a real risk or possibility contained in section fifteen can be applied are the following?
 
(4)  The kinds of crime to which the test for realisation of a real risk or possibility contained in section fifteen can be applied are the following?
−
(a) a crime that is constituted not only by the conduct of the person accused of committing it but also by a consequence or potential consequence resulting from the conduct, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the consequence might ensue;  or
+
 
−
(b) a crime that is constituted not only by the conduct of the person accused of committing it but also by the existence or absence of any circumstance in which such conduct occurred, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the circumstance existed or was absent.
+
(a) a crime that is constituted not only by the conduct of the person accused of committing it but also by a consequence or potential consequence resulting from the conduct, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the consequence might ensue;  or
 +
 
 +
(b) a crime that is constituted not only by the conduct of the person accused of committing it but also by the existence or absence of any circumstance in which such conduct occurred, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the circumstance existed or was absent.
 +
 
 
(5)  Where in any enactment creating a crime no expression specifying a state of mind is used with respect to the commission of that crime, section thirteen or fourteen, as may be appropriate to the crime in question, and (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of that crime, unless?
 
(5)  Where in any enactment creating a crime no expression specifying a state of mind is used with respect to the commission of that crime, section thirteen or fourteen, as may be appropriate to the crime in question, and (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of that crime, unless?
−
(a) the enactment expressly provides that the crime is a strict liability crime;  or
+
 
−
(b) the legislature impliedly intended it to be a strict liability crime because?
+
(a) the enactment expressly provides that the crime is a strict liability crime;  or
−
(i) the requirement of proving a mental element would render the detection or prosecution of the crime impossible or practically impossible;  or
+
 
−
(ii) the object of the enactment would be defeated if proof of a mental element is required to establish liability for the crime:
+
(b) the legislature impliedly intended it to be a strict liability crime because?
−
Provided that, notwithstanding subparagraph (i) or (ii), a court shall not hold that the legislature impliedly intended a crime to be a strict liability crime if the penalty for it is mandatory imprisonment or imprisonment without the option of a fine.
+
 
−
PART IV
+
(i) the requirement of proving a mental element would render the detection or prosecution of the crime impossible or practically impossible;  or
−
PROOF OF CRIMINAL LIABILITY
+
 
−
18 Degree and burden of proof in criminal cases
+
(ii) the object of the enactment would be defeated if proof of a mental element is required to establish liability for the crime:
 +
 
 +
Provided that, notwithstanding subparagraph (i) or (ii), a court shall not hold that the legislature impliedly intended a crime to be a strict liability crime if the penalty for it is mandatory imprisonment or imprisonment without the option of a fine.
 +
 
 +
'''PART IV'''
 +
 
 +
'''PROOF OF CRIMINAL LIABILITY'''
 +
 
 +
'''18 Degree and burden of proof in criminal cases'''
 +
 
 
(1)  Subject to subsection (2), no person shall be held to be guilty of a crime in terms of this Code or any other enactment unless each essential element of the crime is proved beyond a reasonable doubt.
 
(1)  Subject to subsection (2), no person shall be held to be guilty of a crime in terms of this Code or any other enactment unless each essential element of the crime is proved beyond a reasonable doubt.
 +
 
(2)  Subsection (1) shall not prevent any enactment from imposing upon a person charged with a crime the burden of proving any particular fact or circumstance.
 
(2)  Subsection (1) shall not prevent any enactment from imposing upon a person charged with a crime the burden of proving any particular fact or circumstance.
 +
 
(3)  Where this Code or any other enactment imposes upon a person charged with a crime the burden of proving any particular fact or circumstance, the person may discharge the burden by proving that fact or circumstance on a balance of probabilities.
 
(3)  Where this Code or any other enactment imposes upon a person charged with a crime the burden of proving any particular fact or circumstance, the person may discharge the burden by proving that fact or circumstance on a balance of probabilities.
 +
 
(4)  Except where this Code or any other enactment expressly imposes the burden of proof of any particular fact or circumstance upon a person charged with a crime, once there is some evidence before the court which raises a defence to the charge, whether or not the evidence has been introduced by the accused, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that the defence does not apply:
 
(4)  Except where this Code or any other enactment expressly imposes the burden of proof of any particular fact or circumstance upon a person charged with a crime, once there is some evidence before the court which raises a defence to the charge, whether or not the evidence has been introduced by the accused, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that the defence does not apply:
 +
 
Provided that where an accused pleads that, at the time of the commission of a crime, he or she was suffering from a mental disorder or defect as defined in section two hundred and twenty-six, or a partial mental disorder or defect as defined in section two hundred and seventeen, or acute mental or emotional stress, the burden shall rest upon the accused to prove, on a balance of probabilities, that he or she was suffering from such mental disorder or defect or acute mental or emotional stress.
 
Provided that where an accused pleads that, at the time of the commission of a crime, he or she was suffering from a mental disorder or defect as defined in section two hundred and twenty-six, or a partial mental disorder or defect as defined in section two hundred and seventeen, or acute mental or emotional stress, the burden shall rest upon the accused to prove, on a balance of probabilities, that he or she was suffering from such mental disorder or defect or acute mental or emotional stress.
−
CHAPTER III
+
 
−
CRIMES AGAINST THE STATE
+
== CHAPTER III ==
−
19 Interpretation in Chapter III
+
 
 +
===CRIMES AGAINST THE STATE===
 +
 
 +
'''19 Interpretation in Chapter III'''
 +
 
  
 +
 
"act of insurgency, banditry, sabotage or terrorism" means any act referred to in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1) of section twenty-three that is undertaken for a purpose referred to in paragraph (a), (b) or (c) of that subsection;
 
"act of insurgency, banditry, sabotage or terrorism" means any act referred to in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1) of section twenty-three that is undertaken for a purpose referred to in paragraph (a), (b) or (c) of that subsection;
 +
 
"bomb" means?
 
"bomb" means?
 +
 
(a) any device consisting of or carrying an explosive charge or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical or electronic device;  or
 
(a) any device consisting of or carrying an explosive charge or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical or electronic device;  or
 +
 
(b) any other device capable of causing an explosion;
 
(b) any other device capable of causing an explosion;
 +
  
 +
 
(a) any service relating to the generation, supply or distribution of electricity;  or
 
(a) any service relating to the generation, supply or distribution of electricity;  or
 +
 
(b) any fire brigade or fire service;  or
 
(b) any fire brigade or fire service;  or
 +
 
(c) any health, hospital or ambulance service;  or
 
(c) any health, hospital or ambulance service;  or
 +
 
(d) any service relating to the production, supply, delivery or distribution of fuel;  or
 
(d) any service relating to the production, supply, delivery or distribution of fuel;  or
 +
 
(e) any service relating to the supply or distribution of water;  or
 
(e) any service relating to the supply or distribution of water;  or
 +
 
(f) any communications service;  or
 
(f) any communications service;  or
 +
 
(g) any transport service;  or
 
(g) any transport service;  or
 +
 
(h) any other service or occupation whose interruption would endanger the life, health or safety of the whole or a part of the population and which the Minister may declare by notice in a statutory instrument to be an essential service;
 
(h) any other service or occupation whose interruption would endanger the life, health or safety of the whole or a part of the population and which the Minister may declare by notice in a statutory instrument to be an essential service;
 +
 
"insurgent, bandit, saboteur or terrorist" means a person who?
 
"insurgent, bandit, saboteur or terrorist" means a person who?
 +
 
(a) is about to commit, is committing or has committed an act of insurgency, banditry, sabotage or terrorism; or;
 
(a) is about to commit, is committing or has committed an act of insurgency, banditry, sabotage or terrorism; or;
 +
 
(b) has attended a course or undergone training, is about to attend a course or undergo training or is attending a course or undergoing training referred to in subsection (1) of section twenty-five;
 
(b) has attended a course or undergone training, is about to attend a course or undergo training or is attending a course or undergoing training referred to in subsection (1) of section twenty-five;
 +
 
"law enforcement agency" means the Police Force (including a member of the Police Constabulary as defined in section 2 of the Police Act [Chapter 11:10]) or an intelligence service maintained by the Government, or any agency assigned by an enactment to maintain and enforce the law;
 
"law enforcement agency" means the Police Force (including a member of the Police Constabulary as defined in section 2 of the Police Act [Chapter 11:10]) or an intelligence service maintained by the Government, or any agency assigned by an enactment to maintain and enforce the law;
 +
 
"offensive material" means any inflammable, dangerous, noxious, or deleterious substance, material or thing capable of killing or injuring persons, including?
 
"offensive material" means any inflammable, dangerous, noxious, or deleterious substance, material or thing capable of killing or injuring persons, including?
−
(a) low or high explosives and the ingredients thereof;
+
 
−
(b) all types of fuse used in the ignition of explosives;
+
(a) low or high explosives and the ingredients thereof;
−
(c) detonators;
+
 
−
(d) timing devices, especially time pencils;
+
(b) all types of fuse used in the ignition of explosives;
−
(e) wire cutters;
+
 
−
(f) concentrated or other harmful acids;
+
(c) detonators;
−
(g) ammunition as defined in the Firearms Act [Chapter 10:09];
+
 
−
(h) biological or chemical warfare agents;
+
(d) timing devices, especially time pencils;
−
(i) any other substance, material or thing declared by the Minister, by notice in a statutory instrument, to be an offensive material for the purposes of this definition;
+
 
 +
(e) wire cutters;
 +
 
 +
(f) concentrated or other harmful acids;
 +
 
 +
(g) ammunition as defined in the Firearms Act [Chapter 10:09];
 +
 
 +
(h) biological or chemical warfare agents;
 +
 
 +
(i) any other substance, material or thing declared by the Minister, by notice in a statutory instrument, to be an offensive material for the purposes of this definition;
 
"official" means?
 
"official" means?
−
(a) a member of any law enforcement agency;  or
+
 
−
(b) an ancillary member of the Police Force as defined in section 2 of the Police Act [Chapter 11:10]; or
+
(a) a member of any law enforcement agency;  or
−
(c) a member of the Defence Forces; or
+
 
−
(d) a provincial or district administrator or an assistant provincial or district administrator or any other employee of the State acting in that capacity;
+
(b) an ancillary member of the Police Force as defined in section 2 of the Police Act [Chapter 11:10]; or
 +
 
 +
(c) a member of the Defence Forces; or
 +
 
 +
(d) a provincial or district administrator or an assistant provincial or district administrator or any other employee of the State acting in that capacity;
 +
 
 
"publication" includes a document, book, magazine, film, tape, disc, electronic publication or other material or thing whatsoever in which, on which or by means of which a statement may be made;
 
"publication" includes a document, book, magazine, film, tape, disc, electronic publication or other material or thing whatsoever in which, on which or by means of which a statement may be made;
 +
 
"statement" means any expression of fact or opinion, whether made orally, in writing, electronically or by visual images;
 
"statement" means any expression of fact or opinion, whether made orally, in writing, electronically or by visual images;
 +
 
"weaponry" means any of the following kinds of offensive material?
 
"weaponry" means any of the following kinds of offensive material?
−
(a) artillery of all kinds;
+
 
−
(b) a firearm or other apparatus for the discharge of bullets or other kinds of projectiles which are designed to be lethal, whether solid, explosive or gas diffusing;
+
(a) artillery of all kinds;
−
(c) a flame-thrower;
+
 
−
(d) high or low explosive, whether or not manufactured as a bomb, grenade or similar missile or device and whether capable of use with a firearm or not, including a fuse, detonator or timing device therefor;
+
(b) a firearm or other apparatus for the discharge of bullets or other kinds of projectiles which are designed to be lethal, whether solid, explosive or gas diffusing;
−
(e) biological or chemical warfare agents;
+
 
−
(f) any other offensive material declared by the Minister, by notice in a statutory instrument, to be an offensive material for the purposes of this definition.
+
(c) a flame-thrower;
−
20 Treason
+
 
 +
(d) high or low explosive, whether or not manufactured as a bomb, grenade or similar missile or device and whether capable of use with a firearm or not, including a fuse, detonator or timing device therefor;
 +
 
 +
(e) biological or chemical warfare agents;
 +
 
 +
(f) any other offensive material declared by the Minister, by notice in a statutory instrument, to be an offensive material for the purposes of this definition.
 +
 
 +
'''20 Treason'''
 +
 
 
(1)  Any person who is a citizen of or ordinarily resident in Zimbabwe and who?
 
(1)  Any person who is a citizen of or ordinarily resident in Zimbabwe and who?
−
(a) does any act, whether inside or outside Zimbabwe, with the intention of overthrowing the Government;  or
+
 
−
(b) incites, conspires with or assists any other person to do any act, whether inside or outside Zimbabwe, with the intention of overthrowing the Government;
+
(a) does any act, whether inside or outside Zimbabwe, with the intention of overthrowing the Government;  or
 +
 
 +
(b) incites, conspires with or assists any other person to do any act, whether inside or outside Zimbabwe, with the intention of overthrowing the Government;
 +
 
 
shall be guilty of treason and liable to be sentenced to death or to imprisonment for life.
 
shall be guilty of treason and liable to be sentenced to death or to imprisonment for life.
 +
 
(2)  Without limiting subsection (1), the following may constitute acts of treason?
 
(2)  Without limiting subsection (1), the following may constitute acts of treason?
−
(a) preparing or endeavouring to carry out by force any enterprise which usurps the executive power of the President or the State in any matter;
+
 
−
(b) in time of war or during a period of public emergency, doing any thing which assists any other State to engage in hostile or belligerent action against Zimbabwe;
+
(a) preparing or endeavouring to carry out by force any enterprise which usurps the executive power of the President or the State in any matter;
−
(c) instigating any other State or foreign person to invade Zimbabwe.
+
 
 +
(b) in time of war or during a period of public emergency, doing any thing which assists any other State to engage in hostile or belligerent action against Zimbabwe;
 +
 
 +
(c) instigating any other State or foreign person to invade Zimbabwe.
 +
 
 
(3)  For the avoidance of doubt, it is declared that nothing in this section shall prevent the doing of any thing by lawful constitutional means directed at?
 
(3)  For the avoidance of doubt, it is declared that nothing in this section shall prevent the doing of any thing by lawful constitutional means directed at?
−
(a) the correction of errors or defects in the system of Government or Constitution of Zimbabwe or the administration of justice in Zimbabwe;  or
+
 
−
(b) the replacement of the Government or President of Zimbabwe;  or
+
(a) the correction of errors or defects in the system of Government or Constitution of Zimbabwe or the administration of justice in Zimbabwe;  or
−
(c) the adoption or abandonment of policies or legislation;  or
+
 
−
(d) the alteration of any matter established by law in Zimbabwe.
+
(b) the replacement of the Government or President of Zimbabwe;  or
−
21 Concealing treason
+
 
 +
(c) the adoption or abandonment of policies or legislation;  or
 +
 
 +
(d) the alteration of any matter established by law in Zimbabwe.
 +
 
 +
'''21 Concealing treason'''
 +
 
 
Subject to subsection (3) of section twenty, any person who is a citizen of or ordinarily resident in Zimbabwe and who, knowing that any other person?
 
Subject to subsection (3) of section twenty, any person who is a citizen of or ordinarily resident in Zimbabwe and who, knowing that any other person?
−
(a) has done or attempted to do;  or
+
 
−
(b) is doing or is attempting to do;  or
+
(a) has done or attempted to do;  or
−
(c) intends to do;
+
 
 +
(b) is doing or is attempting to do;  or
 +
 
 +
(c) intends to do;
 +
 
 
whether inside or outside Zimbabwe, any act with the intention of overthrowing the Government, does not inform an official as soon as is reasonably possible after acquiring such knowledge, shall be guilty of concealing treason and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
whether inside or outside Zimbabwe, any act with the intention of overthrowing the Government, does not inform an official as soon as is reasonably possible after acquiring such knowledge, shall be guilty of concealing treason and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
−
22 Subverting constitutional government
+
 
 +
'''22 Subverting constitutional government'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"coercing" means constraining, compelling or restraining by?
 
"coercing" means constraining, compelling or restraining by?
−
(a) physical force or violence or, if accompanied by physical force or violence or the threat thereof, boycott, civil disobedience or resistance to any law, whether such resistance is active or passive;  or
+
 
−
(b) threats to apply or employ any of the means described in paragraph (a);
+
(a) physical force or violence or, if accompanied by physical force or violence or the threat thereof, boycott, civil disobedience or resistance to any law, whether such resistance is active or passive;  or
 +
 
 +
(b) threats to apply or employ any of the means described in paragraph (a);
 +
 
 
"unconstitutional means" means any process which is not a process provided for in the Constitution and the law.
 
"unconstitutional means" means any process which is not a process provided for in the Constitution and the law.
 +
 
(2)  Any person who, whether inside or outside Zimbabwe?
 
(2)  Any person who, whether inside or outside Zimbabwe?
−
(a) organises or sets up, or advocates, urges or suggests the organisation or setting up of, any group or body with a view to that group or body?
+
 
−
(i) overthrowing or attempting to overthrow the Government by unconstitutional means;  or
+
(a) organises or sets up, or advocates, urges or suggests the organisation or setting up of, any group or body with a view to that group or body?
−
(ii) taking over or attempting to take over the Government by unconstitutional means or usurping the functions of the Government;  or
+
 
−
(iii) coercing or attempting to coerce the Government;   
+
(i) overthrowing or attempting to overthrow the Government by unconstitutional means;  or
 +
 
 +
(ii) taking over or attempting to take over the Government by unconstitutional means or usurping the functions of the Government;  or
 +
 
 +
(iii) coercing or attempting to coerce the Government;   
 +
 
 
or
 
or
−
(b) supports or assists any group or body in doing or attempting to do any of the things described in subparagraph (i), (ii) or (iii) of paragraph (a);
+
 
 +
(b) supports or assists any group or body in doing or attempting to do any of the things described in subparagraph (i), (ii) or (iii) of paragraph (a);
 +
 
 
shall be guilty of subverting constitutional government and liable to imprisonment for a period not exceeding twenty years without the option of a fine.
 
shall be guilty of subverting constitutional government and liable to imprisonment for a period not exceeding twenty years without the option of a fine.
−
23 Insurgency, banditry, sabotage or terrorism
+
 
 +
'''23 Insurgency, banditry, sabotage or terrorism'''
 +
 
 
(1)  Any person who, for the purpose of?
 
(1)  Any person who, for the purpose of?
 
(a) causing or furthering an insurrection in Zimbabwe;  or
 
(a) causing or furthering an insurrection in Zimbabwe;  or

Revision as of 10:55, 30 April 2010

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