THE Zimbabwe Law Officers’ Association (Ziloa) has filed a constitutional application challenging the use of police officers as prosecutors in the country’s courts saying this was a threat to the fair trial rights of accused persons.
BY FELUNA NLEYA STAFF REPORTER
Ziloa wants an order granted in their favour to force the National Prosecuting Authority (NPA) and the Prosecutor-General (PG) Johannes Tomana to disengage all members of the security services within its ranks.
It argued that the independence and impartiality of the officers was not guaranteed.
In his founding affidavit, Ziloa secretary-general Dereck Charamba accused the NPA and the PG of breaching the Constitution by employing security officials. He said 137 security officials were employed as public prosecutors around the country with Bulawayo and Matabeleland North having 29 of them engaged as public prosecutors.
Harare has 27, Midlands 23, Mashonaland East 12, Manicaland 11, Masvingo Province 11, Mashonaland Central 10, Mashonaland West 8 while Matabeleland South has 6 security service officers doubling as prosecutors.
The NPA and PG are cited as the first and second respondents respectively while Justice and Legal Affairs minister Emmerson Mnangagwa and Police Commissioner-General Augustine Chihuri are the third and fourth respondents.
“I aver that the 1st respondent, under the direction of the 2nd respondent is employing members of the security services including the Defence Forces, Police Service and the Prisons and Correctional Service in the capacity of Public Prosecutors, loosely termed ‘police prosecutors’,” read the affidavit.
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“1st Respondent is constitutionally mandated with undertaking criminal prosecutions on behalf of the State. In exercising these functions, 1st Respondent’s officers must be independent and impartial and subject only to the law and to the direction and control of the 2nd Respondent.”
Charamba said the engagement of security service members breached the provisions of section 208 (4) of the Constitution of Zimbabwe Amendment (No. 20) 2013 that specifically prohibits the employment or engagement of serving members of the security services in civilian institutions.
He said the only circumstance that the security service members may be engaged in civilian institutions is during periods of public emergency.
“In order to preserve the independence of Law Officers, section 261(3) of the Constitution of Zimbabwe states that officers of the National Prosecuting Authority should not be active members or office bearers of any political party or organisation,” reads the affidavit. “There are exceptions whatsoever to this stipulation.
The security service members that are stated here are purporting to be officers of the National Prosecuting Authority while they are office bearers in their respective organisations that include the army, the police and the prisons services.”
Charamba said the fair trial rights of scores of citizens were at stake each day as they continue to be subjected to prosecution by persons who lack independence and impartiality.
“It is imperative for this matter to be determined as it will clarify who and who cannot perform duties on behalf of the 1st Applicant.
“Without such determination there is a risk of continued unconstitutional practices impinging on the fair trial rights of the citizens.”
