In pursuit of its Constitutional mandate as provided for in Section 152 of the Constitution, the Parliamentary Legal Committee (hereinafter referred to as “the Committee”) met on the 18th of July 2017. On its agenda, was the analysis of Statutory Instrument 74 of 2017, Police (Association) Regulations, 2017, gazetted on the 9th of June 2017. After deliberations, the Committee unanimously resolved that an adverse report be issued in respect of the Statutory Instrument, due to the following considerations:—
1. Section 3 :Purpose and functions of the Zimbabwe Republic Police Association
The purpose of setting up the Association and its functions thereof are provided for in section 72 (2) (m) of the Police Act as read with section 3 (2) of the Regulations as regulating all matters affecting the welfare and efficiency of members. The Constitution in section 222 establishes a Police Service Commission whose functions are articulated in section 223. One of the functions of the Commission is to [223(1) (c)] to “ensure the general well-being and good administration of the Police Service and its maintenance in a high state of efficiency”. This functions refers to matters affecting the welfare and efficiency of the members of the Police force which are being regulated for under these Regulations. It is the constitutional mandate of the Commission to look into the issues of the welfare and efficiency of members not the Commissioner-General of Police as provided for in the Regulations. As a result the Regulations are in parallel with the functions of the Commission and seeks to usurp the powers of the Commission thereby violating section 222 and 223 of the Constitution.
In addition the Commission may make Regulations for any of the purposes in section 223, and in this case the Regulations makes no reference or mention of the Police Service Commission. In contrast the Regulations in section 3(2) states all issues shall be brought to the notice of the Commissioner-General of Police. There is no mention of referral of the matters upon receipt to the Police Service Commission.