By Own Correspondent| Advocate Fadzayi Mahere has described the new Public Order and Security Act (POSA) as unconstitutional arguing that it violates the right to Privacy and Security.

According to the proposed ammendment, “a police officer may stop and without a warrant, search any person, vehicle or vessel entering or leaving Zimbabaee and any person in or upon such vehicle or vessel and seize anything in circumstances where there are reasonable grounds for believing that the search or seizure is necessary in the interests of public safety, public order or public health or for the prevention, investigation or detection of a criminal offence.”

Said Mahere:

“The new POSA gives any police officer the power to stop and search you or your car and seize anything without a warrant. This is unconstitutional as it violates the right to privacy and the right to personal security.

The new POSA will criminalise the failure to move around without an ID. This was already declared unconstitutional in Bryant Walker Elliot v Commissioner of Police SC 41/ 97 as it violates freedom of movement. S66 of the Constitution guarantees the right to move freely in Zimbabwe.

S66 of the Constitution guarantees the right to move freely in Zimbabwe.

When all is said and done, there can be no doubt that the new POSA is the latest instalment of fake reforms by our government which is hell bent on limiting freedom and political space. It’s not the sort of law that points towards a genuine effort to change. Another lost opportunity.”