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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

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The Cult of Patriotic Front: The Saga of Harry Kalaba!

Certainly, the recent days haven’t been good for the Zambian President Edgar Lungu, whose on the ride for his third term in power in the Republic. As he has had issues within the Republic. Within his own party.

This being Harry Kalaba MP, who has been expelled from the Patriotic Front (PF) on the 27th January 2019. Therefore, the PF has gone nuts, as Kalaba has resigned as MP from his constituency. This was done the 29th January as he would not challenge the expulsion from the ruling regime.

We know this is hurting the PF, as all MPs who are joining the party of Kalaba are called cockroaches and lack vision in life. That is what even written about them as the news was passed in the end of January 2019.

We know that this is hurting the Chief Strategist of PF and founding member Yosi Miti wrote this on the 1st February 2019: “Harry Kalaba’ s Departure A Good Riddance And It will Help to Expose Treacherous And Political Mercenaries In PF Who have been Working with him in the dark” (…) “Kalaba is just playing to the gallery he doesn’t truly believe in what he is preaching. We dont hate Kalaba as an individual but we hate his treacherous behaviour” (…) “Infact Dean was in his own class.Kalaba is just a good orator and that , no one can subtract from him but equally Nevers Mumba is actually even better than him. So this euphoria we are witnessing now will die a natural death soon as it is just a mere political drama performed to the hungry audience scavenging from the empty bins” (Yosi Miti, 01.02.2019).

When his former party is writing that quickly about him in this way. A man who they had no trouble having in the Cabinet, who served as Foreign Minister between March 2014 until January 2018. As he gotten expelled and resigned as MP, as he plans to stand as Presidential Candidate for the DP.

The Opposition has come in defence of the former high-ranking official within the PF, on the 3rd February 2019 with this statement: “ We are well aware that the Patriotic Front has woken up some long-forgotten politicians, from their political slumber, with the aim of trying to increase the number of voices that are advocating for a ZCID led dialogue process. The main purpose of these hired political elements is to muddy the waters and bring about confusion regarding this dialogue process, on behalf of the PF, without the PF itself getting its hands dirty” (PRESS STATEMENT – OPPOSITION ALLIANCE RESPONSE TO ALLEGATIONS BY THE PF ALLIANCE, 03.02.2019).

Clearly, the PF and Lungu are not used to this, that the they are back-stabbing each other and not only aiming at the opposition, whose usually in the way. The PF is really ambusing Kalaba, as the Ministry of Home Affairs confirmed on the 4th February 2019, that they have banned the Democratic Party. Meaning him standing as a Presidential Candidate for an illegal party by the law.

The PF is really showing their disgraceful tactics against a former ally. They cannot handle, therefore, calling him all names and attributed, while also, in the end. PF is also taking his livelihood.

The PF is really just showing merciless tactics and their despotic rule by doing this to Kalaba. If he was a nobody, a former comrade, then hey should know how to run against him. Not silence him. They are just cowards themselves who has to all legal means to stop the opportunity to have anyone of character running against Lungu in 2021, except of Hakainde Hichilema, the leader of United Party for National Development (UPND).

The PF are trying their best to divide and rule. They are using force and expecting Kalaba to just stand down, be bowing his knees and kissing the ring of forgiveness from Lungu. Because, everyone supposed to love ECL. Everyone is supposed to think like ECL and be behind him. Nothing else is to anticipate. In Zambia, everyone are his subjects and his servants. The ones questioning that, are liable for legal threat and trouble.

This sort of defence of the ruling regime and their acts is cult like, they are a self-obsessed tribe, whose seeing themselves as superior. Everyone else is foolish not to follow and trust their hearts, minds and political life in the hands of ECL. Because there is all solutions, they should not sway away from him and his ways. Surely, they are writing praises, songs and myths of ECL. As ECL are the saviour and mortal God, someone who nobody should dismiss or even go up against. He might look like a mere mortal, but he has a godly touch that you only taste if your part of the PF. So, don’t dare challenge that.

That is the game of PF: That is the game of Lungu. That is why they called it treacherous and called them cockroaches, which is really showing their ugly side. Their real side and their lack of protocol, when people differ in opinions and picks different ways in life. Peace.

PS: Kalaba shouldn’t believe if Shepard Bushiri told him, that he had a vision or whatever for him to become President in 2021. That was surely just to sell more anointing oil or get a bigger donation from the big-man. Surely, Harry should have kept his head cool and not gone out with that. As the Prophet is behind bars for fraud, which is not a good look, as the Political is happening.

PS II: The Story of Kalaba is far from over, as long as Lungu’s PF is in power. ECL might thinks this make him look wise and make him look powerful. PF and ECL looks foolish instead and uncertain about their power. When they have to play Kalaba like this. As he plans life outside the ruling regime. That is what this showing. This saga is not OVER. Kalaba will be there and as long as they play these games, his name will even hit international headlines. Just like it has done with their acts against HH. Peace Part II.