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
Select target paragraph3
Add to table of contents