Zimbabwe: CONSTITUTION WATCH 3 – 2019 Security Forces: Still no Independent Public Complaints Mechanism (07.02.2019)

CONSTITUTION WATCH 3/2019

[7th February 2019]

Section 210 of the Constitution not Implemented 

Security Forces: Still no Independent Public Complaints Mechanism

Section 210 of the Constitution provides for the investigation of complaints against the security services [i.e. the Police Service, the Defence Forces, the State intelligence services and the Prisons and Correctional Service]

The section reads as follows:

An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.”

Nearly six years after the Constitution came into force, no independent mechanism has been established in terms of section 210.

Veritas’s Concourt Case :  For Implementation of Section 210

In 2015 Veritas instituted an application in the Constitutional Court [Mahiya v Minister of Justice & Others CCZ 42/2015] calling on the government to implement section 210 by gazetting a Bill to set up the independent complaints mechanism envisaged by the section.  The application was heard in January 2016 and the Bench seemed to be sympathetic with the applicant’s case.  The Court adjourned the hearing, however, without delivering a judgment or making an order on the application.

Nearly three years later we are still waiting for the Court’s decision.

Prejudicial Effect of Delay

The government’s inexcusable delay in setting up the independent complaints mechanism, and the Constitutional Court’s inexplicable delay in ordering the government to comply with section 210, have seriously prejudiced countless people who were unable to get their grievances against the Police and Defence Forces properly investigated.  The need for an independent complaints mechanism has been thrown into sharp relief, first by the events following last year’s election, and recently by the suppression of last month’s protests.  People were killed by soldiers and police officers, and there have been allegations of rapes and beatings on a shocking scale.  All these cases need to be investigated so that the perpetrators can be identified and, where appropriate, punished.  Victims may be reluctant to approach the Police to lodge complaints against police officers or army personnel, and even if they do the Police may be reluctant to investigate their complaints.

What is needed is an independent body which the public can trust, to receive complaints and ensure they are properly investigated and followed through.

Need for Trust

In the previous sentence we said that there needs to be a complaints body which the public can trust.  Trust is very important:  the public must be able to trust its law enforcement agencies – the Police, the Judiciary (the courts) and the Executive (the government).  The public must be confident that all these agencies will perform their roles in law enforcement efficiently and impartially.

In regard to trust, none of these agencies shows up very well:

  • The Police are regarded by many members of the public as politically biased.  This was implicitly acknowledged by the Motlanthe Commission when it recommended that “the Police should be further trained to be professional and non-partisan”.  If the Police had been anxious to improve their public image, they could have set up their own complaints body without waiting for the government to establish one.  Legislation is not needed, so long as the Police are prepared voluntarily to accept oversight by a non-statutory body.

  • The courts’ reputation has not been enhanced by recent arrests and allegations of corruption on the part of magistrates and prosecutors.  In the matter of section 210 of the Constitution, the extraordinary delay on the part of the Constitutional Court in giving judgment in a clear-cut but important case does not enhance the Court’s standing as one of the pillars of the Constitution.

  • The Executive is primarily responsible for establishing one or more independent complaints mechanisms under section 210 of the Constitution.  It has failed to do so for almost six years.  That does not suggest a great concern for constitutionalism.

The Police and Defence Forces themselves have admitted that they have “bad apples” and “criminal elements” among their members.  A proper complaints mechanism would help them weed out members whose misconduct tarnishes the reputation of the rest, and would give us security services of which all patriotic Zimbabweans can be proud.  Establishing such a mechanism might also assist the government in engaging with the international community.

Conclusion

There is a crying need for the Police and the other security services to be more accountable and responsive to the public.  Establishing one or more independent complaints mechanisms is an important way to achieve this.  That is why section 210 of the Constitution was enacted.

Nearly 2 000 days have passed since the Constitution was enacted.  If the government had started drawing up a Bill to implement section 210 of the Constitution and its legal drafters had written just one word each day, there would be a perfectly adequate Bill ready to put before Parliament.

Just over 1 120 days have elapsed since the Constitutional Court heard the application brought by Veritas to compel the Government to implement section 210.  If a judge had written just one word of a judgment every day since then, there would now be a perfectly respectable judgment ready to be issued by the Court.

Instead there is nothing.  The cries of the victims go unheard

Trump’s 4 trips to Mar-a-Lago in 2017: Cost the taxpayer $13.6m!

If anyone says something about the waste of government funds. Someone can point at the President Donald J. Trump. Not only the revealed amount of Executive Time, that he spends watching Fox News, eating burgers and drinking diet coke. President Trump has also spent massive amount of time on his own golf-courses and travelled with the federal agencies since taking power.

Americans should be shocked at the amount of funds spent on the President and his golfing exercises on his own properties. What is the worst. Is that this is only four instances and we know, the President has spent massive amounts times on his own Golf Courses during his time as President. That is why this revelation should bug the American Taxpayer, because they are paying for him doling and playing golf. Not ensuring policies, industries or securing the state as he should. He is having fun, while the American citizen is paying him to do so.

The report:

We were asked to examine the cost of 4 trips to the Mar-a-Lago resort by the President and 3 international trips by Donald Trump Jr. and Eric Trump between January and March 2017. We estimate that federal agencies spent about $13.6 million for the Mar-a-Lago trips. The Departments of Defense and Homeland Security incurred most of the costs—about $8.5 million and $5.1 million, respectively. This excludes certain classified cost information. We estimate that the Secret Service spent about $396,000 protecting the President’s sons and their spouses on 3 international trips” (U.S. Government Accountability Office, 05.02.2019).

Just think about it. The state paid used over 13 million United States Dollars just for him to golf four times at the Mar-A-Lago resort. That is the sort of man, the President is and he has no trouble doing this. This excessive expenses of luxury, that all citizens of United States is paying. They are all chipping in, so he can put and try to get a whole in one. While later ensure that he get his cake and enough scoops of ice-cream. That is just the man he is.

The Secret Service, Department of Homeland Security and Department of Defense has spent this amount of funds just to secure the President and added costs for his travel from the White House to the Mar-A-Lago Resort. This is just the narrow window of January to March 2017. That is just a short time and we can just imagine how much he spent until now. As he has travelled a lot more since then. Just to golf and having long-weekends off on his resorts to golf. Therefore, this is just a drop in the ocean of the total cost of the life in luxury the President likes on the Federal Reserves Dime. Peace.

The Media is under siege in Uganda!

There is no joke, there is no play in concern for the journalists in the Republic of Uganda. This can be said after the Uganda Communications Commission yesterday has suspended the Daily Monitor Online Newspaper after publishing a traditional healer story connected with the Speaker of Parliament Rebecca Kadaga on their pages in the end of January.

As that is happening, today, there was arrest of Next Media Limited, which are behind the NBS Television, who has arrested the wife Vivian Serwanjja of senior investigator Solomon Serwanjja, also arrested Kassim Mohammed, Rashid Kaweesa and Godfrey Badebye from the BBC TV. All of them gotten arrested today. As they were working on an investigation into government drugs and the black market trading in the Republic.

As that is happening, the journalists Raymond Wamala (Spyreports Uganda), Bob Atwiine (Spyreports Uganda), John Njoroge (CEO Magazine), Richard Wanambwa (Eagle Online) and Andrew Irumba Live (Spy Uganda) have been summoned by CID to be at the Police HQ tomorrow. Tomorrow they will be questioned and interviewed by the Police for certain stories they have posted or published. As they have been critical of the regime and what they are claiming. All of these has been there before, as the state tries to intimidate them from doing investigative reporting.

As, we see, it is a pattern, that repeats itself. Every-time someone digs deep or tries to uncover the truth. The state answer with intimidation, arbitrary arrests and even taking people hostage, like they have done in Vivian’s case. Today, Solomon has been hiding, therefore, the state took Vivian in instead. That is how they deem fair treatment of citizens and of the ones possibly exposing the oppression and unjust in society. While doing that, they themselves become criminals and outlaws. As they are just doing their job and trying to report on the events and acts that is done in the Republic.

The media is just telling what they are seeing, they are just exposing and revealing what information they are gathering and finding. They are not trying to make a situation look different than it is. They are trying to reports and explain the background and the context to all the acts that is done in the Republic. If the Republic and government has nothing to fear, then they should not fear journalists. But if the ills of society comes from the government, than the journalists will find it, as they dig into the realities and society they are apart.

Nevertheless, reporting and journalism isn’t a crime, they are just painting the canvass, they are not trigger the gun, but explaining why the person used the gun and the possible reasons for why the person used it in the first place. They are just painting the story, they are not creating the stories. That is reality, that is why these arrests, which isn’t new. The summoning of others, isn’t new either. In the middle of December 2018, the same people was summoned by the CID. So, they are doing it again, apparently.

The BBC has gotten arrested at Abim Hospital and in Kasese in recent years, as they were reporting both during the Campaign before the General Election. Also, as the Special Force Command was burning down the Palace in Kasese. I even remember the journalist outside of Besigye house in Kasangati, Wakiso, as Besigye was house-arrested. He was taken directly, as he was filming it live and was detained while he was on air. That was right after the General Election of 2016. These are just some quick examples, where the authorities has silenced the media. Because, they want to keep to people in the dark.

The Police continues to do this, the authorities wants this, but they are clearly sending the message, that they want to keep the public in the dark. Peace.

FDU-Inkingi: Press Release – Rwanda: children and wife of Boniface Twagimana make an appeal to Rwandan President Kagame (06.02.2019)

RDC: Lettre de Monsieur le President National du Regroupement Politique NOGEC – “Concerne: Ma Demission” (06.02.2019)

Cameroon: Impex Trading SARL lettre – “Objet: Signature convention de collaboration” (31.01.2019)

Daily Monitor: Press Statement on the UCC directing it to suspend the online newspaper (07.02.2019)

Uganda: Next Media Services – Press Release on the arrested journalists (07.02.2019)

Joint Statement by the Zimbabwe Teachers’ Association (ZIMTA) and the Progressive Teachers’ Union of Zimbabwe (PTUZ) on the Progress of Industrial Action (Strike) – (07.02.2019)

Brexit: 50 days to D-Day, but the future is still loading!

Just as you thought it wouldn’t get more rocky, it does. The HM Government or the Tories have not delivered a smooth transition, neither has the House of Commons. As the European Union and the European Commission are not making it softer either. The stalemate are there and both parties are creating a battlefield. They are behind the barriers, but that was to be anticipated.

Because, the Department of Exiting the European Union (DEXEU), the Foreign Secretary and Secretary for DEXEU could have sorted this out, but it has been hectic and looking like nothing. That is why the Withdrawal Agreement made with the EU got voted down in the House of Commons. Since, then the Tories, Prime Minister Theresa May or anyone else haven’t solved anything.

The Tories and the politicians in London, still acts like they can negotiate and configure the results in their favour. As they are not considering the need of European Commission and the EU Members State majority of the 27 nations. The UK had the time since revoking the Article 50 and had two years to solve it. Instead, it has been a PR game and soft declarations without any binding legality between the parties.

That is why these days are weird. As the stalemate is getting so close. The Tories promised that this would be easy. That this would be a simple separation between the UK and EU. However, what the last two years have proven, that it is far from it.

This will cost, not only the UK, but both parties. The withdrawal and the possible “No-Deal” will hurt the economy. It will create a harder border and ensure that movement between the UK and EU will be with more hurdles. The procedures and the imports/exports situation will change as the WTO tariffs and others come into effects. Also, with the planned movements of Financial Institutions and stoppage of international companies who change destinations of production instead of doing it in the UK. That is what is happening, Global Financial Funds who have either moved to Ireland or Germany. This will create less jobs and less liquidity in the markets. Therefore, the no-deal will hurt the economy.

It is like they do this deliberately, the warnings was there. The Brexiteers called it scaremongering, when it really was a reality check. As Airbus, Barclays, Nissan, Honda and others has called it out and said they are moving their businesses, as the expenses of doing it in the UK will be to costly with a No-Deal. Not that it has mattered, because, that is just the way it is. That is why also many businesses have awaited to invest as, they are not sure of the market or the possibility to earn it there.

As well, as the years of austerity might make it worse. The Bank of England today said the no-deal would probably drive the Kingdom into a recession, as the hard hit on the economy are made by the lack of agreement and also smooth transition, which is needed in this sort of arrangement. The businesses and investors are awaiting and the multi-national companies already there are trying to move to a safe-haven to safe their assets and their businesses in general.

The UK have hit itself hard, as the reality check is loading. It is loading and the UK are still in limbo. The Tories are acting like they have all the time in the world. Brexiteers have acted like this was easy. Like it was child’s play or a pick-and-mix, where they could cherry pick the rules and regulations between the EU and UK. However, that has been proven, unfavourable and not the real deal.

I have stated from the beginning. The EU would have protocols and have regulations to put forward. Concerning borders, movement and trade, this being Customs Union and other direct trading between them. That would directly change when the relations between the UK and EU would become differently.

The uncertainty, the lack of trust and the lack of progress is staggering. As the time is running out. The future is now loading. But nothing in sight, that gives hope of solved enterprise or anything that would give solution at this very moment. The weirdest thing is that its only 50 days to the revoking of Article 50 comes into effect. Peace.