The national security objectives of Zimbabwe must reflect the resolve of Zimbabweans to live as equals in liberty, peace and harmony, free from fear, and in prosperity.
The national security of Zimbabwe must be secured in compliance with this Constitution and the law.
In particular, the protection of national security must be pursued with the utmost respect for–
the fundamental rights and freedoms and the democratic values and principles enshrined in this Constitution; and
the rule of law.
207. Security services
The security services of Zimbabwe consist of–
the Defence Forces;
the Police Service;
the intelligence services;
the Prisons and Correctional Service; and
any other security service established by Act of Parliament.
The security services are subject to the authority of this Constitution, the President and Cabinet and are subject to parliamentary oversight.
Membership of the security services must reflect the diversity of the people of Zimbabwe.
208. Conduct of members of security services
Members of the security services must act in accordance with this Constitution and the law.
Neither the security services nor any of their members may, in the exercise of their functions–
act in a partisan manner;
further the interests of any political party or cause;
prejudice the lawful interests of any political party or cause; or
violate the fundamental rights or freedoms of any person.
Members of the security services must not be active members or office-bearers of any political party or organisation.
Serving members of the security services must not be employed or engaged in civilian institutions except in periods of public emergency.
209. National Security Council
There is a National Security Council consisting of the President as chairperson, the Vice-Presidents and such Ministers and members of the security services and other persons as may be determined in an Act of Parliament.
The functions of the National Security Council are–
to develop the national security policy for Zimbabwe;
to inform and advise the President on matters relating to national security; and
to exercise any other functions that may be prescribed in an Act of Parliament.
The commanders of the security services must provide the National Security Council with such reports on the security situation in Zimbabwe as the Council may reasonably require.
210. Independent complaints mechanism
An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.
PART 2. DEFENCE FORCES
211. Defence Forces
The Defence Forces of Zimbabwe consist of an Army, an Air Force and any other services that may be established under an Act of Parliament.
The Defence Forces are the only lawful military forces in Zimbabwe.
The Defence Forces must respect the fundamental rights and freedoms of all persons and be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
The Defence Forces must be maintained as disciplined military forces.
An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 218, the conditions of service of members of the Defence Forces.
212. Function of Defence Forces
The function of the Defence Forces is to protect Zimbabwe, its people, its national security and interests and its territorial integrity and to uphold this Constitution.
213. Deployment of Defence Forces
Subject to this Constitution, only the President, as Commander-in-Chief of the Defence Forces, has power–
to authorise the deployment of the Defence Forces; or
has power to determine the operational use of the Defence Forces.
With the authority of the President, the Defence Forces may be deployed in Zimbabwe–
in defence of Zimbabwe;
in support of the Police Service in the maintenance of public order; or
in support of the Police Service and other civilian authorities in the event of an emergency or disaster.
With the authority of the President, the Defence Forces may be deployed outside Zimbabwe–
on peace-keeping operations under the auspices of the United Nations Organisation or any other international or regional organisation of which Zimbabwe is a member;
to defend the territorial integrity of a foreign country;
in fulfilment of an international commitment; or
in defence of Zimbabwe’s national security or national interests.
By a two-thirds majority of the total membership of Parliament at a joint sitting of the Senate and the National Assembly, Parliament may resolve that a deployment of the Defence Forces outside Zimbabwe should be rescinded.
Where Parliament has resolved that a deployment of the Defence Forces outside Zimbabwe should be rescinded, the President must take all practical steps to withdraw the Defence Forces, taking due account of the need to ensure the safety of Zimbabwean personnel and equipment.
214. Political accountability for deployment of Defence Forces
When the Defence Forces are deployed–
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in Zimbabwe to assist in the maintenance of public order; or
outside Zimbabwe;
the President must cause Parliament to be informed, promptly and in appropriate detail, of the reasons for their deployment and–
where they are deployed in Zimbabwe, the place where they are deployed;
where they are deployed outside Zimbabwe, the country in which they are deployed.
215. Minister responsible for Defence Forces
The President must appoint a Minister to be responsible for the Defence Forces.
216. Command of Defence Forces
An Act of Parliament may provide that–
the Defence Forces are to be under the command of a single Commander; or
each service of the Defence Forces, or any two or more of them jointly, are to be under the command of a separate Commander.
Every Commander of the Defence Forces, and every Commander of a service of the Defence Forces, is appointed by the President after consultation with the Minister responsible for the Defence Forces.
Commanders of the Defence Forces and Commanders of services of the Defence Forces, are appointed for a term of not more than five years, and a person must not serve in any one of those offices for more than two terms.
A person who has served as Commander of a service of the Defence Forces may be appointed as Commander of the Defence Forces, but a person who has served as Commander of the Defence Forces may not be appointed as Commander of a service of the Defence Forces or to the command of any other security service.
Every Commander of the Defence Forces, and every Commander of a service of the Defence Forces, must exercise his or her command in accordance with general written policy directives given by the Minister responsible for the Defence Forces acting under the authority of the President.
217. Establishment and composition of Defence Forces Service Commission
There is a Defence Forces Service Commission consisting of a chairperson who must be the chairperson of the Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the President.
Members of the Defence Forces Service Commission must be chosen for their knowledge of or experience in administration, management, military affairs, their professional qualifications or their general suitability for appointment, and–
at least half of them must be persons who are not and have not been members of the Defence Forces;
at least one of them must have held senior rank in the Defence Forces for one or more periods amounting to at least five years.
218. Functions of Defence Forces Service Commission
The Defence Forces Service Commission has the following functions–
to appoint qualified and competent persons to hold posts or ranks in the Defence Forces;
to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Defence Forces;
to ensure the general well-being and good administration of the Defence Forces and their maintenance in a high state of efficiency;
to ensure that members of the Defence Forces comply with section 208;
to foster harmony and understanding between the Defence Forces and civilians;
to advise the President and the Minister on any matter relating to the Defence Forces; and
to exercise any other function conferred or imposed on the Commission by this Constitution or an Act of Parliament.
The Defence Forces Service Commission, with the approval of the Minister responsible for the Defence Forces, may make regulations for any of the purposes set out in subsection (1).
In fixing the salaries, allowances and other benefits of members of the Defence Forces, the Defence Forces Service Commission must act with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Defence Forces.
PART 3. POLICE SERVICE
219. Police Service and its functions
There is a Police Service which is responsible for–
detecting, investigating and preventing crime;
preserving the internal security of Zimbabwe;
protecting and securing the lives and property of the people;
maintaining law and order; and
upholding this Constitution and enforcing the law without fear or favour.
The Police Service must exercise its functions in co-operation with–
any intelligence service that may be established by law;
any body that may be established by law for the purpose of detecting, investigating or preventing particular classes of offences; and
regional and international bodies formed to combat crime.
The Police Service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 223, the conditions of service of members of the Police Service.
220. Minister responsible for Police Service
The President must appoint a Minister to be responsible for the Police Service.
221. Commissioner-General of Police
The Police Service is under the command of a Commissioner-General of Police appointed by the President after consultation with the Minister responsible for the police.
The Commissioner-General of Police is appointed for a five-year term which may be renewed once.
A person who has served as Commissioner-General of Police may not be appointed to the command of any other security service.
The Commissioner-General of Police must exercise his or her command in accordance with any general written policy directives given by the Minister responsible for the police acting under the authority of the President.
222. Establishment and composition of Police Service Commission
There is a Police Service Commission consisting of a chairperson, who must be the chairperson of the Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the President.
Members of the Police Service Commission must be chosen for their knowledge of or experience in the maintenance of law and order, administration, or their professional qualifications or their general suitability for appointment, and–
at least half of them must be persons who are not and have not been members of the Police Service;
at least one of them must have held a senior rank in the Police Service for one or more periods amounting to at least five years.
223. Functions of Police Service Commission
The Police Service Commission has the following functions–
to appoint qualified and competent persons to hold posts or ranks in the Police Service;
to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Police Service;
to ensure the general well-being and good administration of the Police Service and its maintenance in a high state of efficiency;
to ensure that members of the Police Service comply with section 208;
to foster harmony and understanding between the Police Service and civilians;
to advise the President and the Minister on any matter relating to the Police Service; and
to exercise any other function conferred or imposed on the Commission by this Constitution or an Act of Parliament.
The Police Service Commission, with the approval of the Minister responsible for the Police Service, may make regulations for any of the purposes set out in subsection (1).
In fixing the salaries, allowances and other benefits of members of the Police Service, the Police Service Commission must act with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Police Service.
PART 4. INTELLIGENCE SERVICES
224. Establishment of intelligence services
Any intelligence service of the State, other than an intelligence division of the Defence Forces or the Police Service, must be established in terms of a law or a Presidential or Cabinet directive or order.
Any intelligence service of the State must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
225. Minister responsible for national intelligence service
The President must appoint a Minister to be responsible for any national intelligence service.
226. Command or control of national intelligence service
A national intelligence service must be under the command or control of a Director-General of Intelligence Services who must be appointed by the President for a five-year term which may be renewed once.
The Director-General of Intelligence Services must exercise his or her command or control in accordance with any general written policy directives given by the Minister responsible for the national intelligence service acting under the authority of the President.
A person who has served as Director-General of Intelligence Services may not be appointed to the command of any other security service.
PART 5. PRISONS AND CORRECTIONAL SERVICE
227. Prisons and Correctional Service and its functions
There is a Prisons and Correctional Service which is responsible for–
the protection of society from criminals through the incarceration and rehabilitation of convicted persons and others who are lawfully required to be detained, and their reintegration into society; and
the administration of prisons and correctional facilities.
The Prisons and Correctional Service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 231, the conditions of service of members of the Prisons and Correctional Service.
228. Minister responsible for Prisons and Correctional Service
The President must appoint a Minister to be responsible for the Prisons and Correctional Service.
229. Commissioner-General of Prisons and Correctional Service
The Prisons and Correctional Service is under the command of a Commissioner-General of the Prisons and Correctional Service appointed by the President after consultation with the Minister responsible for the Prisons and Correctional Service.
The Commissioner-General of the Prisons and Correctional Service is appointed for a five-year term which may be renewed once.
A person who has served as Commissioner-General of the Prisons and Correctional Service may not be appointed to the command of any other security service.
The Commissioner-General of the Prisons and Correctional Service must exercise his or her command in accordance with general written policy directives given by the Minister responsible for the Prisons and Correctional Service acting under the authority of the President.
230. Establishment and composition of Prisons and Correctional Service Commission
There is a Prisons and Correctional Service Commission consisting of a chairperson, who must be the chairperson of the Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the President.
Members of the Prisons and Correctional Service Commission must be chosen for their knowledge of or experience in administration, management, security affairs, or for their professional qualifications or their general suitability for appointment, and–
at least half of them must be persons who are not and have not been members of the Prisons and Correctional Service;
at least one of them must have held senior rank in the Prisons and Correctional Service for one or more periods amounting to at least five years.
231. Functions of Prisons and Correctional Service Commission
The Prisons and Correctional Service Commission has the following functions–
to appoint qualified and competent persons to hold posts or ranks in the Prisons and Correctional Service;
to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Prisons and Correctional Service;
to ensure the general well-being and good administration of the Prisons and Correctional Service and its maintenance in a high state of efficiency;
to ensure that members of the Prisons and Correctional Service comply with section 208;
to foster harmony and understanding between the Prisons and Correctional Service and civilians;
to advise the President and the Minister on any matter relating to the Prisons and Correctional Service; and
to exercise any other function conferred or imposed on the Commission by this Constitution or an Act of Parliament.
The Prisons and Correctional Service Commission, with the approval of the Minister responsible for the Prisons and Correctional Service, may make regulations for any of the purposes set out in subsection (1).
In fixing the salaries, allowances and other benefits of members of the Prisons and Correctional Service, the Prisons and Correctional Service Commission must act with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Prisons and Correctional Service.
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