institutions tasked with maintaining security, law
and order (the police, the military and the courts)
has never risen above 65% since the turn of the
millennium. When popular trust in the police is
disaggregated by partisan affiliation, those who
aligned with ZANU-PF were seen to have the
highest levels of trust in the police, while those
aligned with the MDC had the lowest. In the
middle, the percentage of non-partisan people
who trusted the police ranged from a low of 35%
in 1999 to a high of 49% in 2018.
is however constitutionally questionable as it
violates the principle of separation of powers by
delegating Parliament’s law-making function to
the President. The use of the Act to enact these
amendments was also not justifiable in terms of
any public emergency. The use of Presidential
Powers was challenged in the High Court in
March 2018 by pro-democracy campaigner
Mfundo Mlilo, but the challenge was dismissed
by High Court judge Justice David Mangota.5
Institutional Reform and Legal
Compliance
Devolution
Devolution is a significant new addition to the
2013 Constitution. Between 2013 and 2017
devolution was largely ignored, and it was
agitated for primarily by opposition political
parties. However, with the coming in of
President Mnangagwa, part of his key promises
was to drive the devolution agenda. In his
inauguration address at the National Sports
Stadium on the 26th of August 2018, the
President stated that: “As per our pledge during
the campaign trail, my Government will be
implementing the Constitutional provisions with
regards the devolution of Government powers
and responsibilities. Provinces will now be
expected to plan and grow their provincial
economies. Economic development at every
level is the ultimate goal.” 2018 ended with the
government was yet to make good the promise
of devolution.
A historical assessment of human rights in
Zimbabwe reveals that the security sector has
been implicated as both a human rights violator
and an enabler of human rights violations.
Section 210 of the Constitution demands in
peremptory terms the passing of an Act of
Parliament that provides for an effective and
independent mechanism for receiving and
investigating complaints from members of the
public about misconduct of members of security
services, and for remedying any harm caused by
such misconduct. This is yet to be done. In 2016,
Veritas made a Constitutional Court application
to compel the government to bring a Bill before
Parliament to set up an independent complaints
mechanism. But the court is yet to deliver a
ruling. Veritas remarked in relation to the 1
August army killing that if the section 210
Independent Complaints Commission were set
up, “The police would have thought twice about
calling in the army. The army would have taken
more care if they knew they would be held to
account. Relatives of the deceased could have
turned to it for a proper investigation of the
shootings, instead of having to rely on a
commission of inquiry which lacks investigatory
powers beyond summoning and questioning
witnesses.” 6
Use of Presidential Powers
The amendments addressed in the Electoral
Amendment Bill which was passed by
Parliament in 2018 were initially promulgated
under the Presidential Powers (Temporary
Measures) (Amendment of Electoral Act)
Regulations, 2017 on 15 September 2017. The
Regulations were made in terms of the
Presidential Powers (Temporary Measures) Act,
which Act purports to give the President power
to make regulations in the interests of defence,
public safety, public order, public morality,
public health, the economic interests of
Zimbabwe or the general public interest. The Act
Between 2013 and 2017
devolution was largely ignored,
and it was agitated for primarily by
opposition political parties.
5. Mlilo v The President of the Republic of Zimbabwe HH 236-18.
6. “Set up independent body to investigate complaints against security services, govt urged”, Newsday, 21 September 2018,
https://www.newsday.co.zw/2018/09/set-up-independent-body-to-investigate-complaints-against-security-services-govt-urged/
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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