Moreover, there is evidence of damage to fuel pumps at Zuva Service Station
at number 100 Chinhoyi Street in Harare when about sixty (60) protesters
attacked the station. This evidence indicates that there was a risk of the service
station being set alight. Given the nature of these actions it was clear that had
the riots not been contained, the situation could have escalated resulting in
disastrous consequences.
c.
It was therefore not surprising that the Commissioner General of Police
requested the Minister of Home Affairs to initiate the steps required by the
Constitution and the applicable law for the deployment of the Army to assist the
Police in the containment of the riots and the restoration of law and order.
d. The Commission found that on the basis of all the prevailing circumstances, and
in the light of all the evidence presented including the rapid escalation of the
situation in a very short space of time, the decision to deploy the Military to
assist the Police in the containment of the riots was justified.
e. The deployment could only have been avoided if the Police were adequately
experienced, better equipped, sufficient in numbers and more suitably
organised. While recognising that in the circumstances, the deployment was
unavoidable, the Commission considers that it would have been preferable if
the Police had been able to deal with the situation on their own.
f. Whilst the deployment was lawful, the operational framework in terms of
Section 37 of POSA was not fully followed in that the deployed troops were not
placed under the command of the Regulating Authority due to time constraints
as acknowledged by the Commissioner General of Police.
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