5 The excuse-based approach to human rights violations and policing in Zimbabwe Section 219 (1) of the Constitution of Zimbabwe provides for the establishment of the Zimbabwe Republic Police. It notes that there is a Police Service responsible for: · · · · · Detecting, investigating and preventing crime Preserving the internal security of Zimbabwe Protecting and securing the lives and property of the people maintaining law and order Upholding the constitution and enforcing law without fear or favor The ZRP was established at independence in 1980. Immediately after it was set up, it adopted a Police Service Charter, which among other things, strived to have the ZRP committed to provide the most efficient and effective service to the public. The Service Charter outlined organizational values of the ZRP including among others, highest quality service to the public, highest professional standards in its operations, transparency and accountability. The Service Charter set out the values of individuals in the police force as being: diligence; courtesy; fairness, honesty, integrity and with due respect of human rights. The new Police Service Charter that was launched soon after President Mugabe's removal from power has its Vision as “to be the leading police service provider in the world by the year 2020”. Who oversees the police in Zimbabwe ³⁵ The ZRP operates under the direct command of the Commissioner General of Police, who reports to the Minister of Home Affairs and Culture. The administration of the ZRP and terms and conditions of service are set out in the Police Act, which prohibits serving members of the police force from engaging in partisan politics. Citizens and victims alike are free to report cases against the police to any police station or security officer of the state. The Constitution and the Police Act mandates the ZRP to ensure “prompt and speedy investigations of the matters reported”. Section of the Zimbabwe Constitution notes that “every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court”. Within a reasonable time,³⁶ the matter must be brought before a competent court of law for adjudication by a judge either in the Magistrates' Court or the High Court of Zimbabwe. Causes of human rights violations by the Zimbabwe police While it is well documented that the police and other security agents in Zimbabwe have been and continue to be involved in human rights violations not much research has been carried out into understanding why the police continuously are found on the wrong side of the law and in the forefront of perpetrating human rights violations. The Forum through its research and observations has documented some of the reasons discussed below. ³⁵ Who Guards the Guards: Violations by Law Enforcement Agencies in Zimbabwe 2000-2006, Zimbabwe Human rights NGO Forum, Harare 2006. ³⁶ See S v Mashayamombe (HH 596-15 CRB 112/15) [2015] ZWHHC 596 (02 July 2015); and Mhari v Presiding Magistrate Mangota N.O. & Others (HC 1867/15) [2015] ZWHHC 247 (10 March 2015) for further elucidation on the concept of reasonable time. 18 Anti-Impunity Report