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/ 15 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018