(2) The President, on the advice of the Prime Minister and with the approval of the National Assembly, may order the deployment of the Defence Forces outside Zimbabwe in fulfilment of an international commitment or in defence of Zimbabwe’s national security or national interests.” One point needs to be mentioned: the executive, when it legitimately deploys the defence forces, needs to have confidence in the commanders of the forces – not from the political point of view, but from the point of view of the competence of the commanders to fulfil their mandate. Incompetent commanders should not remain in command if that would be detrimental to the war effort. Thought would need to be given to how to achieve this end without allowing the power to remove a commander to be abused for other purposes. A Single Security Services Commission for all Security Services? The Law Society’s model constitution proposes a Security Services Commission, to be responsible for the Defence Forces, the Police Force and the Prison Service, rather than a separate commission for each service, each headed by the same individual. The model also provides for a more transparent method of appointing commission members, with public participation possible and executive control much reduced. • • • • • • • Summary and Conclusions The present allows the executive, in the form of the President, both direct and indirect control over the appointment of the commanders of the security services, who can in effect remain in office as long as the President pleases. The intelligence services should be subject to statutory control as part of the security services. The security services should be professional and apolitical. The security services should be controlled, for the most part, by a security services commission which itself should be professional and apolitical. While the executive should be able to deploy the security services, such deployment should only be for purposes which are clearly set out in the Constitution. Provision should be made for the removal and replacement of security service commanders on the grounds of incompetence or unfitness for office. The prison service could justifiably be treated as not part of the security services, as their function has nothing to do with national security. ___________________________ 70

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