Constitution Watch 7/2019
ID Checks at Roadblocks – Are they Legal?
5th October 2019
Act] makes provision for this. But neither the Constitution nor the CP&E Act
allows the Police to stop and search vehicles on the off-chance that one or two
of them may be carrying something that may be connected with a crime: the
Police must have a reasonable and prior ground for believing that an item of
evidence concerning the commission of a known offence is likely to be in the
particular vehicle they want to search. The CP&E Act certainly does not allow
random searches, and section 34(2) of POSA, if it is interpreted to comply with
the Constitution – and the Constitution is supreme – must be construed
restrictively so as not to permit the Police to stop and search at random any
vehicle and person at a roadblock.
Conclusion
Under section 219(1)(d) of the Constitution the Police are responsible for
maintaining law and order in Zimbabwe. In carrying out that responsibility they
must comply with the law because they, like all other institutions of government,
are subject to the Constitution and the law. They must remember that their
responsibility is not just to maintain order: it is to maintain law and order.
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