Chronicle Editor
Leonard Ncube and Lingani Nyika, Chronicle Reporters
GOVERNMENT has started consulting members of the public towards crafting of the Zimbabwe Independent Complaints Commission Bill, which will enable complaints from citizens against members of the security services to be investigated in line with constitutional requirements.
Cabinet approved the Bill last November paving way for the consultation process which started yesterday.
The objective of the Bill is to provide for the establishment of an independent complaints mechanism for members of the public against members of the security services pursuant to Section 210 of the Constitution.
The Bill is an attempt to reform the security sector in Zimbabwe so that its members are held accountable for any human rights violations through the independent commission.
It seeks to ensure national security matters are enforced in line with Section 206 (2) and (3) of the Constitution which call for respect for human rights, rule of law and freedoms of citizens.
The Bill will address issues to do with death while in custody, death because of actions of the security sector, rape whether on or off duty, torture, unjustified discharge of an official firearm, assault and any other act that infringes on one’s fundamental rights.
The Bill refers to security forces as Zimbabwe Republic Police, Zimbabwe Defence Forces, Zimbabwe Prisons and Correctional Services while private security companies are not included.
The Act will be administered by the President as the Commander-in-Chief of the Defence Forces while the Commission, which will comprise five members and chaired by a retired judge, will conduct investigations and make orders or recommendations and remedial actions for aggrieved persons.
The joint Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs and Defence and Home Affairs are holding public hearing across the country to solicit for citizens views on the Bill.
The committee split into two and Team B is focusing on the southern region with meetings in Victoria Falls yesterday, Bulawayo today, Gwanda tomorrow, Masvingo on Thursday and Gweru on Friday while Team A is in the northern region for meetings in Harare, Chinhoyi, Bindura, Marondera and Mutare.
Contributing to the Bill yesterday at Chinotimba Hall, Victoria Falls residents said the new Act should lead to a paradigm shift in the operators of the security services especially police.
“Government should be thorough about police. Sometimes they are slow to react to crime reports. The Minister of Justice should also look on the issue of discharge of justice where some get arrested and released on summons and go for many years without being tried.
“Surely, we cannot have police arresting to investigate. The Bill should protect people against such treatment because we see police and courts releasing people on summons just to run away from paying damages for unlawful arrest but the person would have been violated,” said Mr Godfrey Sibanda, adding that he has a case he reported more than a year ago that has not been completed.
Another resident said: “Police should revisit the way they execute their duties. Long back people respected police because they were efficient. Now you go to report a case, they will ask you who you suspect and tell you to go and bring the suspect.”
Residents said the Bill should protect illiterate citizens as there are some who fail to get justice because they cannot read or write.
They said the Bill should make provision for the presence of sign language experts at all public offices to protect interests of people living with disability.
Some said the Bill should make it mandatory that members of the security forces are deployed only in their areas of origin to reduce tension between security forces and members of the public.
Chair of the Defence, Home Affairs and Security Services committee Brigadier General (Rtd) Levi Mayihlome, who is Legislator for Umzingwane, said the security forces have their own governing Acts that are enshrined in the Constitution but it was realised that the two are not sufficient to address grievances by the citizens hence the Independence Complaints Commission.
“These are joint committees of security services of Defence, Home Affairs and Correctional Services and Justice, Legal and Parliamentary Affairs as well as thematic committee on Peace and Security from the senate. We are conducting one of our three roles as parliamentarians which is the legislative process of crafting lawns for this country.
“This is the first meeting in this Mat North province and people are concerned about the conduct of security forces especially police. They are concerned about inadequate investigations or resolutions of complaints they would have sent to the police or judiciary under the current environment. But we believe that their views have been heard and we will include that in our report,” he said.
Rtd Brig Mayihlome said the committee wants to gather as much views as possible in line with Section 141 of the Constitution of Zimbabwe. — @ncubeleon
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