Constitution Watch 1/2019 Lethal Force and the Use of the Military to Maintain Order 17 January 2019 deployment of the Defence Forces [i.e. the army and air force]. An Acting President can do so if he gets the backing of a resolution passed by a majority of the Cabinet – section 100(2) of the Constitution. In the present case it is not clear who authorised the deployment of soldiers, or in what circumstances. The matter should be clarified in the interests of transparency, because if the deployment was not properly authorised then the soldiers would have had no official role in assisting the police and could be held liable for their conduct. Conclusion To sum up: police officers and soldiers [if properly authorised] can use force to quell public disturbances, but the force must be reasonable and proportionate in the circumstances and must not extend to killing people. This is so even if the disturbances they are faced with are violent and extensive ��� and the recent stayaway was marred by deplorable violence. Whatever the provocation, the authorities’ response must be moderate, reasonable and proportionate. And killing is illegal whatever the circumstances. Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied To subscribe or unsubscribe from this mailing list please email billwatch@mango.zw If you wish to contact Veritas please email veritas@mango.zw If you are requesting legislation please email veritas@mango.zw or look for it on www.veritaszim.net follow us on (+263 71 893 3633)

Select target paragraph3