Mutare Central MP and MDC-T Chief Whip in Parliament, Innocent Gonese, last week Thursday sought Parliament's permission to present a Bill amending the repressive Public Order and Security Act (POSA). Since the Act was passed Mugabe's regime has used it to harass, arrest and detain opposition and trade union activists either wanting to have public meetings or participate in demonstrations.
Veritas, a group that monitors legal and parliamentary issues in the country, says Gonese's Bill could be the first 'Private Members Bill' since independence. Under the rules, government ministers do not require permission to present bills in Parliament but with Gonese not running any ministry he effectively presents his Bill as a 'Private Member' of Parliament. His motion will be debated, before it is approved. This debate is expected to take place this week. If approved the Bill would be gazetted and go through the normal parliamentary stages.
Speaking in Parliament Gonese said the police had used POSA over the years to arrest and detain hundreds of people but had so far never successful prosecuted anyone. He also said the Act has never been used to arrest any ZANU PF officials or supporters. The MP said his Bill aims "to ensure that public gatherings are regulated in a manner that will allow Zimbabweans to fully exercise their fundamental democratic right to engage, to express themselves through the medium of peaceful assembly and association and to clarify some of the existing provisions in the current Act".
Gonese said the Bill would seek a reduction in police powers and give magistrates the power to prohibit meetings instead. Other amendments sought include repealing a provision that penalises people for not carrying their ID documents.
This week Zimbabwe Lawyers for Human Rights (ZLHR) condemned the unlawful arrest of labour leaders by police in Victoria Falls over the weekend. ZLHR cited this as another abuse of POSA and said they welcomed attempts by Gonese to introduce a Bill amending the repressive law.
ZLHR went further to suggest the urgent establishment of an Independent Parliamentary Committee inquiry, into the continuing unlawful actions of the police. "This inquiry should also include an investigation into the actions of the Director of Public Prosecutions and the Attorney General who, as the legal representatives of the ZRP, have failed and/or refused to execute their constitutional and professional duty to advise the police of their continued misinterpretation and misapplication of the law," ZLHR said in statement.
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