Famous human right activist and preacher, Pastor Evan Mawarire has been arrested by Zimbabwe Police over his involvement in the massive protest that have been rocking Zimbabwe in the past few days. Pastor Evan is being charged with section 36 for inciting public violence and disturbing peace.
According to the Zimbabwe constitution, Section 36, which is on Public violence states that
(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;
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;
(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
(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
(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
We are calling for The AU,SADC and the International Community to stand with Zimbabweans so as to stop the tyrannical government of Mugabe”.