IDENTITY DOCUMENTSIn terms of the Public Order and Security Act, a person aged 16 years or over, when in a public place, is required to carry an identity document on his/her person at all times.An identity document includes a national registration disc, driver’s licence or passport.A Police Officer may at any time require a person to produce his/her identity document. In certain circumstances, if a person fails to produce his/her identity document immediately on being requested to do so by a Police Officer, he/she may be detained until his/her identity is established to the satisfaction of the Police Officer. These circumstances include when a Police Officer is investigating certain offences and when a Police Officer is manning a roadblock.It should be noted that the failure to comply with this requirement does not constitute a criminal offence.It should also be noted that the Police Officer concerned is obliged to give the person detained every reasonable facility to prove his/her identity.Below is a copy of the provisions relating to id’s.
Public Order and Security Act [Chapter 11:17]
32 Persons to carry identity documents
(1) In this section
arrestable offence means an offence specified in the First Schedule to the Criminal Procedure and Evidence Act [Chapter 9:07];
identity document means
(a) a document issued to a person in terms of section seven of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe; or
(b) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees; or
(c) any passport, identity document or drivers licence issued by a foreign government.
(2) Subject to this section, every person shall, when in a public place, carry an identity document on his person.
(3) Subject to this section, a police officer may at any time require a person in a public place to produce an identity document.
(4) Any person who fails to produce his identity document immediately on request by a police officer
(a) acting in good faith in the course of investigating or preventing an arrestable offence; or
(b) at the scene or in the immediate vicinity of the commission of an arrestable offence committed within the preceding 48 hours; or
(c) within a police cordon; or
(d) at a police road block; or
(e) in the immediate vicinity of any area controlled or protected in terms of the Defence Act [Chapter 11:02], the Protected Places and Areas Act [Chapter 11:12] or the Parks and Wild Life Act [Chapter 20:14]; or
( f ) at a public gathering or a public meeting of a political nature;
may be detained by the police officer until such time as his identity is established or verified to the satisfaction of the police officer:
Provided that the police officer shall afford the person detained every reasonable facility to enable him to establish or verify his identity.
(5) Any person who is found without an identity document on his person in circumstances other than those specified in subsection (4) shall be afforded an opportunity, within seven days thereafter, of producing his identity document at a police station specified by notice in writing issued by the police officer who required him to produce his identity document.
(6) Any person who, on being required to do so in terms subsection (5), fails to produce his identity document at a police station specified in terms of that subsection, may be detained by a police officer until such time as his identity is established or verified to the satisfaction of the police officer: