MAY
2.2 Barefaced breaches of the Constitution
The founding values of the Zimbabwean Constitution clearly spell out the fundamental rights that citizens
are supposed to enjoy. The issues highlighted in 2.1 reflect government’s flagrance in violating
Constitutional provisions is getting to higher levels.
The right to life is sacred and Section 86(3) clearly stipulates that the right to life cannot be limited or
violated by any law. This means that any killing by the police or army, in whatever circumstances, is an
extrajudicial act.
In the past two months, a documented two people have died at the hands of the police and this is a
concerning trend that proves how the state security agents are incapable of dealing with citizens in a
humane way.
In addition, anyone suspected of a crime should be taken through the properly set out procedures in line
with the Constitution.
Section 50(1) of the Constitution provides that a person arrested or detained must be informed at the
time of arrest of the reason for the arrest and be treated humanely and with respect for their inherent
dignity.
In all the cases that ZPP recorded, this has not been evident as harassment, intimidation, torture, and
unlawful detention of citizens by the State security agents topped the list with a combined total of 167
cases recorded.
This brings to the fore the issue of security sector reforms, a long-standing issue before and after the
August 1, 2018 killing of civilians by soldiers.
2.2.1 What reforms?
After six people were killed by soldiers in broad daylight, President Mnangagwa set up a
commission led by former South African President Kgalema Motlanthe to conduct an inquiry.
Following the inquiry, the Mothlante Commission made several recommendations, chief among
them, the need for security sector reform.
In principle, government agreed to undertake the recommendations, but more than a year later,
there is no evidence of government’s sincerity to reform the army and the police. This is clearly
demonstrated by the consistently numerous cases of human rights violations perpetrated by state
security.
In October 2019, government announced it had begun implementing the Commission's key
recommendations, among them; the retraining of police to be professional and non-partisan, and to take
action against the members of the security forces responsible for the killing of the six civilians on August
1. To date, there has been little progress as evidenced by increased brutality.
REPORT HUMAN
RIGHTS VIOLATIONS TO
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+263 77 488 3417