(2) Where authority is given under subsection (1) for the Defence Forces to assist the police (a) Every member of the Defence Forces who has been detailed to assist the police in any police district in the exercise of their functions under this Act shall be under the command of the regulating authority concerned. (b) A member of the Defence Forces who is assisting a Police officer in the exercise of his functions under this Act shall have the same powers, functions and authority, and be subject to the same responsibilities, discipline and penalties, as a member of the Police Force, and liable in respect of acts done or omitted to be done to the same extent as he would have been liable in the same circumstances if he were a member of the Police Force, and shall have the benefit of any indemnity to which a member of the Police Force would, in the same circumstances be entitled.” The Commission also heard from the Attorney General, Advocate Prince Machaya who confirmed that POSA must be read in conformity with the Constitution. He explained that it is the obligation of the Defence Minister under POSA, read with the Constitution to seek the consent of the President for the deployment in terms of section 213 of the Constitution. The Attorney General also confirmed that POSA regulates the conduct of the deployed members of the Defence Forces, and that the actions of the members of the armed forces can be investigated by the Police. The Commission took all of this evidence above and all other evidence received into account in making its findings and recommendations in respect of the deployment of the Military. 28 28