POSA amendment Bill goes through first reading in Parliament

The inclusive government gazetted the POSA Bill in November 2009 to amend the tough security laws, and curtail police powers in dealing with political rallies and other public gatherings.

POSA has its origins in the Rhodesian Law and Order Maintenance Act; used by the colonial government under Ian Smith to suppress political expression and organisation by the black majority. Rather than get rid of this much reviled law, the former ruling ZANU PF regime kept it, revised it and strengthened it to become the POSA Bill.

When the MDC-T Chief Whip Gonese introduced the Bill to the House of Assembly in October last year, Parliament backed his motion to amend the draconian POSA which has been criticised for giving police sweeping powers to ban political rallies.

It is an extensive piece of legislation, which includes provisions to control political gatherings it requires individuals and groups to notify police before any gathering is held.

Fellow MDC-T MP and lawyer Tongai Matutu told SW Radio Africa this first reading is the first stage of a Bills passage through Parliament. It was a mere formality and took place without debate.

The second reading of the Bill will give MPs the opportunity to debate and vote on the main principles and purpose of the Bill, and if passed will become law. Already there is resistance from the police not to make any changes to POSA.

Secretary for Home Affairs, Melusi Matshiya on Monday told Parliaments Portfolio Committee on Home Affairs and Defence that amendments to POSA will weaken the police force and make its operations ineffective. However, its unlikely the Bill will face any opposition in Parliament as the three coalition parties agreed to reform security laws.

While introducing the motion last year, Gonese who has sometimes been unable to meet his constituents in Mutare Central because of the tough law, said the reason why he was seeking changes to POSA was because of the abuse of the Act by the police.

The problem we have in Zimbabwe is that the police have applied, misinterpreted and misplaced provisions of the law the intention of the Bill is to limit the powers of the police in that regard, Gonese said.

Human rights defenders describe POSA as an insult to democracy. Zimbabwe Lawyers for Human Rights in their most recent edition of The Legal Monitor highlighted a critical fact, namely that it is frequently used by pro-ZANU PF hardliners to settle political scores against their opponents.

ZLHR say its a known fact that no ZANU PF officials or supporters have ever been arrested under POSA, which demonstrates that the law is little more than a tool for political oppression against the MDC or anyone perceived to be anti-Mugabe.

Goneses Bill seeks to ensure that public gatherings are regulated in a manner that will allow Zimbabweans to fully exercise their fundamental democratic right to engage and to express themselves through the medium of peaceful assembly and association.

It is hoped the Bill would re-define terms, reduce police powers, transfer the power to prohibit meetings from police to magistrates, and repeal the provision penalising failure to carry ID documents.