Lawyers dismiss ZRP call to retain Posa

By Nelson Sibanda

Legal experts have poured scorn on recent calls by the Zimbabwe Republic Police to retain the Public Order and Security Act (Posa).

Posa was enacted in the early 2000s, shortly after the formation of the MDC, and is regarded as a Zanu (PF) tool to suppress the opposition, which has to seek police clearance whenever it intends to meet.

Last week, Assistant Commissioner Takura Nzombe, the police deputy director of legal affairs, told the Parliamentary Committee for Human Rights that POSA was indispensable in maintaining law and order and asked the lawmakers to help facilitate prolonged detention of suspects under the new constitution.

“In Zimbabwe we have taken peace for granted for too long and it should be noted that extremism starts from private meetings, hence the need for POSA to keep the situation under check,” said Nzombe.

Greg Lennington, a lecturer at the University of Zimbabwe, said it would be a sad day for both democracy and human rights if Nzombe’s suggestion saw the light of the day.

Alec Muchadehama, respected human rights lawyer, said the lobby for extension of suspect detention hours was dangerous and barbaric.

“Even the maximum 48 hours should be reduced to 12, as police use the detention to punish suspects, some of whom are arrested without reasonable suspicion,” he said.

Muchadehama said the Posa should be reformed so that the police had no powers to refuse people the right to gather or demonstrate. Only a court of law should have powers to determine the fate of planned meetings and demonstrations, not the police, he said.

Lovemore Madhuku, a constitutional law expert said Nzombe’s speech would not change anything as the prescribed maximum 48 hour detention came from the referendum held last year leading to the adoption of the new charter.

“Police and Nzombe should have voted ‘No’ at the referendum if they were not happy with it,” Madhuku said. The Zimbabwean