Zim police to get their wings clipped

The Zimbabwe Republic Police (ZRP) are set to have their wings clipped after Justice and Legal Affairs Minister Patrick Chinamasa conceded to the Parliamentary Legal Committee (PLC)'s findings that members of the force were exceeding their mandate by assuming quasi-judiciary functions in dealing with mostly traffic-related offences.

According to FinGaz, Chinamasa will soon institute measures to force the police to act within the parameters of the law.

Chinamasa's measures will extend to other government arms such as the Environmental Management Agency and the Department of National Parks and Wildlife that impose fines on the public to ensure they also operate within the ambit of the law.

The Justice Minister made the rare concession at a recent meeting with the PLC, in what amounts to one bold step towards entrenching people's rights.
He has since pledged under oath to amend the Criminal Procedure and Evidence Act â€" a controversial law heavily criticised for nullifying judicial checks on the excesses of the Executive.
What it means is that those fined by the police or other arms of government would now have to go through the due process. Consequently, the police would now be compelled by law once the changes have been effected to observe the constitutional guarantee of due process of law that prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights.

Due process also requires the observance of the criminal tenet of presumption of innocence on all persons deemed to have committed an offence.

There had been a public outcry that in enforcing fines, not only for traffic offences, but any other perceived crimes such as public disorder, loitering, public drinking and others, the law enforcement agents were acting as the complainants, the arresting officers, the prosecutors, the judicial officers as well the executioners that mete out instant justice, in violation of the demands of natural justice.

This was contrary to the Constitution which says an independent court must always satisfy itself that a person has indeed pleaded guilty.
Police Commissioner-General, Augustine Chihuri had recently clashed with his boss, co-Home Affairs Minister Kembo Mohadi, on the issue. Mohadi had told Parliament that spot fines would be scrapped but Chihuri had maintained that the police would not shift from its position.
"Spot fines are here to stay, otherwise without them the process of going to court for a US$10 spot fine will need more than US$500. Therefore, at the end of the day it would become counterproductive that you try to pursue US$10 using US$1 000 or more," Chihuri had argued.

"Spot fines are there and will facilitate the process of ensuring that people comply with the law. I just wanted to make that known for the benefit of those who are used to complaining."

Legal experts had warned that the police were exposing themselves to litigation by subverting the law, by among other things, demanding spot-fines from motorists, public drinkers and others.

This week, the chairperson of the PLC, Shepherd Mushonga, confirmed that Chinamasa, who could not be reached for comment, had indeed agreed to effect changes that would chip away some of the powers enjoyed by the police, municipal authorities and others after conceding that more than a dozen statutory instruments that had been enacted  over the years encroached on people's rights as they did not provide for due process of the law.

"We have a letter at our office in which Chinamasa said there was no due process in actions by the police. He also conceded that the police were not a designated authority in terms of the law for them to collect money.  There would be some changes, that include the amendment of the Criminal Procedure and Evidence Act as well as a requirement for the police to take the matters to a magistrate to confirm that an accused person is indeed pleading guilty," said Mushonga.

Police spokesperson, senior assistant commissioner Wayne Bvudzijena, said he was still verifying the legal position before he could comment on the matter.

Chinamasa and the PLC were agreed that the regulations allowing the police and others to levy fines above level three - more than US$20 - can only be imposed by a court of law after fully canvassing the essential elements of the offence.

Section 18 of the country's Constitution says an accused person cannot be convicted until a court has satisfied itself that the person is indeed pleading guilty.

"If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law," reads part of Section 18.

"Every person who is charged with a criminal offence â€" shall be presumed to be innocent until proved or has pleaded guilty."
Yet the police were not following due process, a procedure  meant to afford an accused person the right to the protection of the law.