(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