authorised the deployment of the military in terms of the Constitution. It was on that basis that he gave orders for the deployment of the military to assist the Police. He produced to the Commission copies of the letters to confirm the above. The letters are attached to this report as noted in Annexure 7. 4.3. The Law on the deployment of the military The Commission noted the legal framework on deployment of the Military to assist the Police to be as follows: a. Section 213(2) (b) of the Constitution of Zimbabwe provides as follows: “With the authority of the President, the Defence Forces may be deployed in Zimbabwe… in support of the Police Service in the maintenance of public order”. This provision is clear: only the President may authorise the deployment of the Defence Forces in Zimbabwe; b. In terms of section 37(1) of the Public Order and Security Act (POSA), the police can request for assistance of the Defence forces in the maintenance of Public Order. Section 37 of POSA reads as follows: “(1) If, upon request made by the Commissioner of Police, the Minister is satisfied that any regulating authority requires the assistance of the Defence Forces for the purpose of suppressing any civil commotion or disturbance in any police district, he may request the Minister responsible for the defence to authorise the Defence Forces to assist the Police in the exercise of their functions under the Act in the police district concerned. 27 27

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