April 2010 Vol 11, Parliament and Politics
Parly push to curtail powers of the police
HARARE – A parliamentary committee is seeking to further curtail police powers after proposals submitted by legislators suggesting the current Public Order and Security Act (POSA) Amendment Bill still left the law enforcers with room to violate human rights.
HARARE – A parliamentary committee is seeking to further curtail police powers after proposals submitted by legislators suggesting the current Public Order and Security Act (POSA) Amendment Bill still left the law enforcers with room to violate human rights.
The Amendment Bill that was moved by MDC Mutare Central legislator Innocent Gonese seeks to vest powers to prohibit public gatherings in the courts as opposed to the police.
The Bill also seeks the re-training of law enforcement agents.
It also aims to reduce the number of days organizers of public gatherings need to notify the police from the current seven to three days and allow demonstrations at courts and Parliament, among other far-reaching changes.
But a report by the Parliamentary Portfolio Committee on Home Affairs and Defence in the hands of The Daily News suggests even more changes must be effected to curtail powers of the police.
“Your committee has also made the following recommendations – the Act be reviewed beyond the current Bill as proposed by the mover; the proposed amendments by members of the public to be incorporated into the Bill,” says the report.
“The powers currently reposed in the police should be reviewed and generally curtailed; the discretion that the police have on matters affecting fundamental rights must be reviewed.
“The Act should make provision on how the police can be held accountable for improper and illegal conduct and the use of excessive force.
“Whenever one or more police officers use force to disperse a gathering or prevent public disorder at a gathering, the police officer or senior police officer concerned, as the case maybe, shall without delay, within four days thereafter prepare a report.”
It adds that the police report should indicate whether firearms, tear gas or button sticks were used and should include the names of the officers who used such force.
The report said although Harare lawyer Bryant Elliot successfully challenged the requirement that police ask for ID documents from people – after they demanded one from him – the law enforcement agents were still flouting the law by continuing with the practice.
The police, invoking POSA, have been accused of the brutal suppression of protests against President Robert Mugabe’s government.
The police have also been accused of acting with impunity
