@@ Line 514: / Line 514: @@
 (1)  Any person who, for the purpose of?
-	(a)	causing or furthering an insurrection in Zimbabwe;  or
-	(b)	causing the forcible resistance to the Government or the Defence Forces or any law enforcement agency;  or
+(a)	causing or furthering an insurrection in Zimbabwe;  or
-	(c)	procuring by force the alteration of any law or policy of the Government;
+(b)	causing the forcible resistance to the Government or the Defence Forces or any law enforcement agency;  or
+(c)	procuring by force the alteration of any law or policy of the Government;
 commits any act accompanied by the use or threatened use of weaponry with the intention or realising that there is a real risk or possibility of?
-	(i)	killing or injuring any other person;  or
-	(ii)	damaging or destroying any property;  or
+(i)	killing or injuring any other person;  or
-	(iii)	inflicting substantial financial loss upon any other person;  or
-	(iv)	obstructing or endangering the free movement in Zimbabwe of any traffic on land or water or in the air;  or
+(ii)	damaging or destroying any property;  or
-	(v)	disrupting or interfering with an essential service;
+(iii)	inflicting substantial financial loss upon any other person;  or
+(iv)	obstructing or endangering the free movement in Zimbabwe of any traffic on land or water or in the air;  or
+(v)	disrupting or interfering with an essential service;
 shall be guilty of insurgency, banditry, sabotage or terrorism, whether or not any purpose referred to in paragraph (a), (b) or (c) is accomplished, and be liable?
-	A.	where the act of insurgency, banditry, sabotage or terrorism results in the death of a person, to be sentenced to death or to imprisonment for life;
-	B.	in any other case, to imprisonment for life or any shorter period.
+A.	where the act of insurgency, banditry, sabotage or terrorism results in the death of a person, to be sentenced to death or to imprisonment for life;
+B.	in any other case, to imprisonment for life or any shorter period.
 (2)  For the avoidance of doubt it is declared that where any act of insurgency, banditry, sabotage or terrorism does not result in any of the consequences referred to in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1), the competent charge shall be one of attempting to commit an act of insurgency, banditry, sabotage or terrorism.
-	Recruiting or training insurgents, bandits, saboteurs or terrorists
+'''24	Recruiting or training insurgents, bandits, saboteurs or terrorists'''
 Any person who intentionally?
-	(a)	recruits, assists or encourages any other person to undergo training inside or outside Zimbabwe in order to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe;  or
-	(b)	provides training to any person, whether inside or outside Zimbabwe, in order to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe;
+(a)	recruits, assists or encourages any other person to undergo training inside or outside Zimbabwe in order to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe;  or
+(b)	provides training to any person, whether inside or outside Zimbabwe, in order to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe;
 shall be guilty of recruiting or training an insurgent, bandit, saboteur or terrorist and liable to imprisonment for life or any shorter period.
-	Training as insurgent, bandit, saboteur or terrorist
+'''25	Training as insurgent, bandit, saboteur or terrorist'''
 (1)  Any person who attends or undergoes any course of training, whether inside or outside Zimbabwe, for the purpose of enabling him or her to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe shall be guilty of training as an insurgent, bandit, saboteur or terrorist and liable to imprisonment for life or any shorter period.
 (2)  If it is proved in a prosecution for training as an insurgent, bandit, saboteur or terrorist that the accused attended or underwent a course of training whose effect was to enable that person to commit an act of insurgency, banditry, sabotage or terrorism in Zimbabwe, it shall be presumed, unless the contrary is proved, that he or she did so for that purpose.
-	Supplying weaponry to insurgents, bandits, saboteurs or terrorists
+'''26	Supplying weaponry to insurgents, bandits, saboteurs or terrorists'''
 Any person who, inside or outside Zimbabwe, supplies weaponry to an insurgent, bandit, saboteur or terrorist, knowing that the weaponry will be used in the commission of an act of insurgency, banditry, sabotage or terrorism or realising that there is a real risk or possibility that the weaponry will be so used, shall be guilty of supplying weaponry to an insurgent, bandit, saboteur or terrorist and liable to imprisonment for life or any shorter period.
-	Possessing weaponry for insurgency, banditry, sabotage or terrorism
+'''27	Possessing weaponry for insurgency, banditry, sabotage or terrorism'''
 (1)  Any person who has any weaponry in his or her possession or under his or her control with the intention that such weaponry will be used in the commission of an act of insurgency, banditry, sabotage or terrorism shall be guilty of possessing weaponry for insurgency, banditry, sabotage or terrorism and liable to imprisonment for life or any shorter period.
 (2)  If it is proved in a prosecution for possessing weaponry for insurgency, banditry, sabotage or terrorism that?
-	(a)	the accused was in unlawful possession of any weaponry;  and
-	(b)	the weaponry consists of any weapon, firearm or ammunition?
+(a)	the accused was in unlawful possession of any weaponry;  and
-	(i)	referred to in section 24 of the Firearms Act [Chapter 10:09];  or
-	(ii)	for the purchase, acquisition or possession of which the accused has no good ostensible reason;  or
+(b)	the weaponry consists of any weapon, firearm or ammunition?
-	(iii)	that was part of a cache or was found in the possession of the accused in such a quantity as cannot be accounted for by reason of personal use alone;
+(i)	referred to in section 24 of the Firearms Act [Chapter 10:09];  or
+(ii)	for the purchase, acquisition or possession of which the accused has no good ostensible reason;  or
+(iii)	that was part of a cache or was found in the possession of the accused in such a quantity as cannot be accounted for by reason of personal use alone;
 it shall be presumed, unless the contrary is proved, that the accused possessed the weaponry with the intention that it should be used in the commission of an act of insurgency, banditry, sabotage or terrorism.
 (3)  A person charged with possessing weaponry for insurgency, banditry, sabotage or terrorism may be found guilty of?
-	(a)	contravening section 4 of the Firearms Act [Chapter 10:09];  or
-	(b)	possessing a dangerous weapon;
+(a)	contravening section 4 of the Firearms Act [Chapter 10:09];  or
+(b)	possessing a dangerous weapon;
 if such are the facts proved.
-	Possession of dangerous weapons
+'''28	Possession of dangerous weapons'''
 (1)  Any person who has unlawful possession of any of the following weapons?
-	(a)	artillery of any kind or any shell or other ammunition therefor;  or
-	(b)	a flame thrower;  or
+(a)	artillery of any kind or any shell or other ammunition therefor;  or
-	(c)	a bomb, grenade or similar missile or device, whether capable of use with a firearm or not, including any fuse, detonator or timing device therefor;  or
-	(d)	a machine-gun or sub-machine-gun;  or
+(b)	a flame thrower;  or
-	(e)	any automatic or semi-automatic firearm, other than a pistol, that is or has been in use in the Defence Forces, the Police Force or the armed or police forces of any neighbouring State;
+(c)	a bomb, grenade or similar missile or device, whether capable of use with a firearm or not, including any fuse, detonator or timing device therefor;  or
+(d)	a machine-gun or sub-machine-gun;  or
+(e)	any automatic or semi-automatic firearm, other than a pistol, that is or has been in use in the Defence Forces, the Police Force or the armed or police forces of any neighbouring State;
 shall be guilty of possessing a dangerous weapon and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 (2)  It shall be a defence to a charge of possessing a dangerous weapon for the accused to prove that?
-	(a)	he or she was the holder of a certificate or permit issued under any enactment authorising his or her possession of the weapon concerned;  or
-	(b)	he or she possessed the weapon concerned in the course of his or her duties as a member of the Defence Forces or the Police Force, or as an employee of the State duly authorised to possess the weapon.
+(a)	he or she was the holder of a certificate or permit issued under any enactment authorising his or her possession of the weapon concerned;  or
+(b)	he or she possessed the weapon concerned in the course of his or her duties as a member of the Defence Forces or the Police Force, or as an employee of the State duly authorised to possess the weapon.
 (3)  Where any firearm or ammunition in respect of which a firearm certificate is capable of being granted in terms of the Firearms Act [Chapter 10:09] is found in the possession of any person who does not hold such certificate, the competent charge is contravening section 4 of the Firearms Act [Chapter 10:09] and not possessing a dangerous weapon.
 (4)  A person charged with possessing a dangerous weapon may be found guilty of contravening section 4 of the Firearms Act [Chapter 10:09] if such are the facts proved.
-	Harbouring, concealing or failing to report insurgent, bandit , saboteur or terrorist
+'''29	Harbouring, concealing or failing to report insurgent, bandit , saboteur or terrorist'''
 (1)  Any person who, knowing that another person is an insurgent, bandit, saboteur or terrorist, intentionally harbours or conceals that other person shall be guilty of harbouring or concealing an insurgent, bandit, saboteur or terrorist and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 (2)  Any person who becomes aware of the presence in Zimbabwe of another person whom he or she knows to be an insurgent, bandit, saboteur or terrorist and who?
-	(a)	fails, within the period prescribed in subsection (3), to report to an official the presence of that other person in Zimbabwe and any information it is in his or her power to give in relation to that other person;  or
-	(b)	upon being questioned by an official, intentionally?
+(a)	fails, within the period prescribed in subsection (3), to report to an official the presence of that other person in Zimbabwe and any information it is in his or her power to give in relation to that other person;  or
-	(i)	omits or refuses to disclose to the official any information it is in his or her power to give in relation to that other person;  or
-	(ii)	gives the official false information in relation to that other person;
+(b)	upon being questioned by an official, intentionally?
+(i)	omits or refuses to disclose to the official any information it is in his or her power to give in relation to that other person;  or
+(ii)	gives the official false information in relation to that other person;
 shall be guilty of failing to report the presence of an insurgent, bandit, saboteur or terrorist and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (3)  A person shall make a report in terms of paragraph (a) of subsection (2) as soon as is reasonably practicable after he or she becomes aware of the presence in Zimbabwe of the insurgent, bandit, saboteur or terrorist concerned, and in any event within seventy-two hours of becoming so aware.
 (4)  For the avoidance of doubt it is declared that a person who?
-	(a)	has committed an act of insurgency, banditry, sabotage or terrorism;  or
-	(b)	has attended a course or undergone training referred to in subsection (1) of section twenty-five;
+(a)	has committed an act of insurgency, banditry, sabotage or terrorism;  or
+(b)	has attended a course or undergone training referred to in subsection (1) of section twenty-five;
 for which he or she has been convicted and sentenced or granted a pardon or amnesty shall not be regarded as an insurgent, bandit, saboteur or terrorist in respect of that conduct.
-	Causing disaffection among Police Force or Defence Forces
+'''30	Causing disaffection among Police Force or Defence Forces'''
 If any person induces, or attempts to induce, or does any act with the intention or realising that there is a real risk or possibility of inducing or causing any member of the Police Force or Defence Forces to withhold his or her services, loyalty or allegiance or to commit breaches of discipline, he or she shall be guilty of causing disaffection among the Police Force or Defence Forces and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
-	Publishing or communicating false statements prejudicial to the State
+'''31	Publishing or communicating false statements prejudicial to the State'''
-	(i)	inciting or promoting public disorder or public violence or endangering public safety;  or
-	(ii)	adversely affecting the defence or economic interests of Zimbabwe;  or
-	(iii)	undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe;  or
+(i)	inciting or promoting public disorder or public violence or endangering public safety;  or
-	(iv)	interfering with, disrupting or interrupting any essential service;
-		shall, whether or not the publication or communication results in a consequence referred to in subparagraph (i), (ii), (iii) or (iv);  or
+(ii)	adversely affecting the defence or economic interests of Zimbabwe;  or
-	(i)	he or she knows to be false;  or
+(iii)	undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe;  or
-	(ii)	he or she does not have reasonable grounds for believing to be true;
+(iv)	interfering with, disrupting or interrupting any essential service;
-	A.	promotes public disorder or public violence or endangers public safety;  or
-	B.	adversely affects the defence or economic interests of Zimbabwe;  or
+shall, whether or not the publication or communication results in a consequence referred to in subparagraph (i), (ii), (iii) or (iv);  or
-	C.	undermines public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe;  or
-	D.	interferes with, disrupts or interrupts any essential service;
+(i)	he or she knows to be false;  or
+(ii)	he or she does not have reasonable grounds for believing to be true;
+A.	promotes public disorder or public violence or endangers public safety;  or
+B.	adversely affects the defence or economic interests of Zimbabwe;  or
+C.	undermines public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe;  or
+D.	interferes with, disrupts or interrupts any essential service;
 be guilty of publishing or communicating a false statement prejudicial to the State and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
-	Unlawful possession or wearing of camouflage uniforms
+'''32	Unlawful possession or wearing of camouflage uniforms'''
-	(a)	a member of the Defence Forces, the Police Force, the Prison Service or any other uniformed force of the State;
+(a)	a member of the Defence Forces, the Police Force, the Prison Service or any other uniformed force of the State;
-	(i)	on attachment to any force referred to in paragraph (a) under an arrangement made between the Government and the government of that foreign State;  or
-	(ii)	present in Zimbabwe, with the approval of the Government, in the course of his or her official duties;
+(i)	on attachment to any force referred to in paragraph (a) under an arrangement made between the Government and the government of that foreign State;  or
+(ii)	present in Zimbabwe, with the approval of the Government, in the course of his or her official duties;
 "camouflage uniform" means any article of wearing apparel made of material carrying military-style camouflage markings.
-	(a)	to a fine not exceeding level five or imprisonment for a period not exceeding six months or both, in the case of unlawful possession of a camouflage uniform;  or
-	(b)	to a fine not exceeding level six or imprisonment for a period not exceeding one year or both, in the case of unlawful wearing of any camouflage uniform.
+(a)	to a fine not exceeding level five or imprisonment for a period not exceeding six months or both, in the case of unlawful possession of a camouflage uniform;  or
+(b)	to a fine not exceeding level six or imprisonment for a period not exceeding one year or both, in the case of unlawful wearing of any camouflage uniform.
-	(a)	an authorised person to the extent that the person possesses or wears a camouflage uniform that has, on or after the 18th April, 1980, been supplied to him or her, or authorised for his or her use, by the force of which he or she is a member or to which he or she is attached; or
-	(b)	the possession of a camouflage uniform as an exhibit in a museum administered by the State or in terms of the National Museums and Monuments Act [Chapter 25:11]; or
+(a)	an authorised person to the extent that the person possesses or wears a camouflage uniform that has, on or after the 18th April, 1980, been supplied to him or her, or authorised for his or her use, by the force of which he or she is a member or to which he or she is attached; or
-	(c)	any person or member of a class of persons exempted from this section by the Minister by notice in writing to that person or by notice in the Gazette, as the Minister thinks fit, to the extent that such person or member possesses or wears camouflage uniform in accordance with the terms and conditions of such exemption.
-	Undermining authority of or insulting President
+(b)	the possession of a camouflage uniform as an exhibit in a museum administered by the State or in terms of the National Museums and Monuments Act [Chapter 25:11]; or
+(c)	any person or member of a class of persons exempted from this section by the Minister by notice in writing to that person or by notice in the Gazette, as the Minister thinks fit, to the extent that such person or member possesses or wears camouflage uniform in accordance with the terms and conditions of such exemption.
+'''33	Undermining authority of or insulting President'''
-	(a)	making the statement in a public place or any place to which the public or any section of the public have access;
-	(b)	publishing it in any printed or electronic medium for reception by the public;
+(a)	making the statement in a public place or any place to which the public or any section of the public have access;
+(b)	publishing it in any printed or electronic medium for reception by the public;
 "statement" includes any act or gesture.
-	(i)	engender feelings of hostility towards; or
-	(ii)	cause hatred, contempt or ridicule of;
-		the President or an acting President, whether in person or in respect of the President's office;  or
+(i)	engender feelings of hostility towards; or
-	(b)	makes any abusive, indecent or obscene statement about or concerning the President or an acting President, whether in respect of the President personally or the President's office;
+(ii)	cause hatred, contempt or ridicule of;
+the President or an acting President, whether in person or in respect of the President's office;  or
+(b)	makes any abusive, indecent or obscene statement about or concerning the President or an acting President, whether in respect of the President personally or the President's office;
 shall be guilty of undermining the authority of or insulting the President and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
-	Attorney General to authorise prosecutions under Chapter III
+'''34	Attorney General to authorise prosecutions under Chapter III'''
 No proceedings shall be instituted or continued against any person in respect of a crime in terms of this Chapter, other than proceedings in respect of the crime of possessing a dangerous weapon or unlawfully possessing or wearing a camouflage uniform or for the purposes of remand, without the authority of the Attorney-General.
-CHAPTER IV
-CRIMES AGAINST PUBLIC ORDER
+== CHAPTER IV ==
-	Interpretation in Chapter IV
+===CRIMES AGAINST PUBLIC ORDER===
+'''35	Interpretation in Chapter IV'''
 In this Chapter?
 "offensive material" and "weaponry" have the meanings given to those terms in section nineteen;
 "public demonstration" means a procession, gathering or assembly in a public place of persons and additionally, or alternatively, of vehicles, where the gathering is in pursuit of a common purpose of demonstrating support for, or opposition to, any person, matter or thing, whether or not the gathering is spontaneous or is confined to persons who are members of a particular organisation, association or other body or to persons who have been invited to attend;
 "public gathering" means a public meeting or a public demonstration;
 "public meeting" means any meeting which is held in a public place or to which the public or any section of the public have access, whether on payment or otherwise;
 "public place" means any thoroughfare, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved.
-	Public violence
+'''36	Public violence'''
 (1)  Any person who, acting in concert with one or more other persons, forcibly and to a serious extent?
-	(a)	disturbs the peace, security or order of the public or any section of the public;  or
-	(b)	invades the rights of other people;
+(a)	disturbs the peace, security or order of the public or any section of the public;  or
+(b)	invades the rights of other people;
 intending such disturbance or invasion or realising that there is a real risk or possibility that such disturbance or invasion may occur, shall be guilty of public violence and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 (2)  In determining whether or not a disturbance of peace, security or order or an invasion of rights is sufficiently serious to constitute the crime of public violence, a court shall take into account all relevant factors, including the following?
-	(a)	the nature and duration of the disturbance or invasion;
-	(b)	the motive of the persons involved in the disturbance or invasion;
+(a)	the nature and duration of the disturbance or invasion;
-	(c)	whether the disturbance or invasion occurred in a public place or on private property;
-	(d)	whether or not the persons involved in the disturbance or invasion were armed and, if so, the nature of their weapons;
+(b)	the motive of the persons involved in the disturbance or invasion;
-	(e)	whether or not bodily injury or damage to property occurred in the course of or as a result of the disturbance or invasion;
-	(f)	whether or not there was an attack on the police or on other persons in lawful authority;
+(c)	whether the disturbance or invasion occurred in a public place or on private property;
-	(g)	the manner in which the disturbance or invasion came to an end.
+(d)	whether or not the persons involved in the disturbance or invasion were armed and, if so, the nature of their weapons;
+(e)	whether or not bodily injury or damage to property occurred in the course of or as a result of the disturbance or invasion;
+(f)	whether or not there was an attack on the police or on other persons in lawful authority;
+(g)	the manner in which the disturbance or invasion came to an end.
 (3)  It shall be an aggravating circumstance if, in the course of or as a result of the public violence?
-	(a)	there was an attack on the police or on other persons in lawful authority;  or
-	(b)	bodily injury or damage to property occurred;  or
+(a)	there was an attack on the police or on other persons in lawful authority;  or
-	(c)	the person who has been convicted of the crime instigated an attack on the police or other persons in lawful authority or instigated the infliction of bodily injury or the causing of damage to property.
-	Participating in gathering with intent to promote public violence, breaches of the peace or bigotry
+(b)	bodily injury or damage to property occurred;  or
+(c)	the person who has been convicted of the crime instigated an attack on the police or other persons in lawful authority or instigated the infliction of bodily injury or the causing of damage to property.
+'''37	Participating in gathering with intent to promote public violence, breaches of the peace or bigotry'''
-	(i)	disturbing the peace, security or order of the public or any section of the public;  or
-	(ii)	invading the rights of other people;
+(i)	disturbing the peace, security or order of the public or any section of the public;  or
+(ii)	invading the rights of other people;
 		or
-	(b)	acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked;  or
+(b)	acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked;  or
-	(i)	with the intention to engender, promote or expose to hatred, contempt or ridicule any group, section or class of persons in Zimbabwe solely on account of the race, tribe, nationality, place of origin, national or ethnic origin, colour, religion or gender of such group, section or class of persons;  or
-	(ii)	realising that there is a risk or possibility that such behaviour might have an effect referred to in subparagraph (i);
+(i)	with the intention to engender, promote or expose to hatred, contempt or ridicule any group, section or class of persons in Zimbabwe solely on account of the race, tribe, nationality, place of origin, national or ethnic origin, colour, religion or gender of such group, section or class of persons;  or
+(ii)	realising that there is a risk or possibility that such behaviour might have an effect referred to in subparagraph (i);
 shall be guilty of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry, as the case may be, and be liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (2)  The crime of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry is committed whether the action constituting it is spontaneous or planned in advance, and whether the place or meeting where it occurred is public or private.
-	(a)	paragraph (a) or (b);  or
-	(b)	paragraph (c);
+(a)	paragraph (a) or (b);  or
+(b)	paragraph (c);
 of subsection (1), but for the fact that the person acted alone in a public place, the competent charge is disorderly conduct in a public place or causing offence to persons of a particular race, tribe, place of origin, colour, creed or religion, as the case may be, and not a contravention of a provision referred to in paragraph (a) or (b).
-	Obstructing or endangering free movement of persons or traffic
+'''38	Obstructing or endangering free movement of persons or traffic'''
-	(a)	throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury;  or
-	(b)	without lawful excuse, the proof whereof lies on him or her, overturns or attempts to overturn any motor vehicle, boat or aircraft;  or
+(a)	throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury;  or
-	(c)	otherwise than under and in accordance with any other enactment, leaves or places on or over any road any thing with the intention or realising that there is a real risk or possibility of obstructing such road or endangering persons using it;
+(b)	without lawful excuse, the proof whereof lies on him or her, overturns or attempts to overturn any motor vehicle, boat or aircraft;  or
+(c)	otherwise than under and in accordance with any other enactment, leaves or places on or over any road any thing with the intention or realising that there is a real risk or possibility of obstructing such road or endangering persons using it;
 shall be guilty of obstructing or endangering the free movement of persons or traffic and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 	Dealing in or possession of prohibited knives
 (1)  In this section?
 "deal in", in relation to a prohibited knife, means sell, hire or offer, or display or advertise for sale or hire, or lend or give to any other person, a prohibited knife;
 "prohibited knife" means a knife?
-	(i)	which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a "flick knife";  or
-	(ii)	which is released from the handle or sheath of the knife by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device, sometimes known as a "gravity knife";  or
+(i)	which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a "flick knife";  or
-	A.	released from the handle or sheath of the knife manually;  and
-	B.	locked in the open position by means of a button, spring, lever or other device;  and
+(ii)	which is released from the handle or sheath of the knife by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device, sometimes known as a "gravity knife";  or
-	C.	released from the locked open position otherwise than solely by manual pressure on the blade;
-		other than a trimming knife the blade of which does not exceed thirty millimetres in length;  or
-	(b)	which is declared in terms of subsection (2) to be a prohibited knife.
+A.	released from the handle or sheath of the knife manually;  and
+B.	locked in the open position by means of a button, spring, lever or other device;  and
+C.	released from the locked open position otherwise than solely by manual pressure on the blade;
+other than a trimming knife the blade of which does not exceed thirty millimetres in length;  or
+(b)	which is declared in terms of subsection (2) to be a prohibited knife.
 (2)  Where the Minister considers it necessary in the public interest to do so, the Minister may, by notice in a statutory instrument, declare any knife or class of knife to be a prohibited knife for the purposes of this section and may, in like manner, withdraw any such declaration.
 (3)  Any person who deals in, or has in his or her possession, any prohibited knife shall be guilty of dealing in or possessing a prohibited knife, as the case may be, and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 (4)  The court convicting any person of a contravention of subsection (3) may order that any knife which formed the subject of the charge shall be forfeited to the State.
-	Possession of articles for criminal use
+'''40	Possession of articles for criminal use'''
 (1)  Any person who, without lawful excuse, knowingly has in his or her custody or possession any article for use in unlawful entry into premises, theft, fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] shall be guilty of possessing an article for criminal use and liable to a fine not exceeding level ten or imprisonment for a period not exceeding one year or both.
 (2)  In a prosecution for possessing an article for criminal use?
-	(a)	the onus of proving a lawful excuse for the custody or possession of an article referred to in subsection (1) shall lie on the person charged with the crime;
-	(b)	if it is proved that the person charged with the crime had in his or her custody or possession an article made or adapted for use in unlawful entry into premises, theft, fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] it shall be presumed unless the contrary is proved that the person had it in his or her possession for such use.
+(a)	the onus of proving a lawful excuse for the custody or possession of an article referred to in subsection (1) shall lie on the person charged with the crime;
-	Disorderly conduct in public place
+(b)	if it is proved that the person charged with the crime had in his or her custody or possession an article made or adapted for use in unlawful entry into premises, theft, fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] it shall be presumed unless the contrary is proved that the person had it in his or her possession for such use.
+'''41	Disorderly conduct in public place'''
 Any person who, in a public place?
-	(a)	intentionally engages in disorderly or riotous conduct;  or
-	(b)	uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner, intending to provoke a breach of the peace or realising that there is a real risk or possibility that a breach of the peace may be provoked;
+(a)	intentionally engages in disorderly or riotous conduct;  or
+(b)	uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner, intending to provoke a breach of the peace or realising that there is a real risk or possibility that a breach of the peace may be provoked;
 shall be guilty of disorderly conduct in a public place and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
-	Causing offence to persons of a particular race, religion, etc.
+'''42	Causing offence to persons of a particular race, religion, etc.'''
 "creed or religion" means any system of beliefs associated with practices of worship that is adhered to by any significant body of persons in Zimbabwe or any other country;
 "film", "picture", "publication", "record" and "statue" have the meanings assigned to those terms by section 2 of the Censorship and Entertainments Control Act [Chapter 10:04];
-	(a)	making the statement in a public place or any place to which the public or any section of the public have access;
-	(b)	publishing it in any printed or electronic medium for reception by the public;
+(a)	making the statement in a public place or any place to which the public or any section of the public have access;
+(b)	publishing it in any printed or electronic medium for reception by the public;
 "statement" includes any act, gesture or form of expression, whether verbal, written or visual, but does not include any film, picture, publication, statue or record that is of a bona fide literary or artistic character.
 (2)  Any person who publicly makes any insulting or otherwise grossly provocative statement that causes offence to persons of a particular race, tribe, place of origin, colour, creed or religion, intending to cause such offence or realising there is a real risk or possibility of doing so, shall be guilty of causing offence to persons of a particular race, tribe, place of origin, colour, creed or religion, as the case may be, and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
-	Possession of offensive weapons at public gatherings
+'''43	Possession of offensive weapons at public gatherings'''
-	(a)	any weaponry or offensive material;  or
-	(b)	any object made or adapted to be used for causing injury to the person;  or
+(a)	any weaponry or offensive material;  or
-	(c)	any stone.
+(b)	any object made or adapted to be used for causing injury to the person;  or
+(c)	any stone.
 (2)  Any person who, while present at a public gathering, has with him or her any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of possessing an offensive weapon at a public gathering and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (3)  For the purposes of subsection (2), a person shall be deemed to be acting in pursuance of lawful authority only if the person is acting in his or her capacity as a police officer, a member of the Defence Forces or an employee of the State or a local authority.
 	Disrupting a public gathering
 Any person who, at a public gathering?

Difference between revisions of "Zimbabwe Criminal Code"

Revision as of 11:09, 30 April 2010

Navigation menu

Search