Zimbabwe's Police Act: A call for Constitutionalism

The adoption of the Constitution of Zimbabwe Amendment (No. 20) Act in 2013 heralded a moment of profound hope and transformation for the nation. This Charter laid down a clear, progressive vision for a democratic state founded on the principles of the rule of law, human dignity, and comprehensive rights protection. However, a constitution, no matter how progressive, remains a collection of noble ideals unless its principles are effectively translated into the statutes and practices that govern the state's most powerful institutions. At the heart of the challenge to full constitutionalism in Zimbabwe lies the continued, anachronistic existence of the Police Act (Chapter 11:10). This legislation, a relic of a colonial and authoritarian past, stands in direct philosophical and practical opposition to the spirit and letter of the 2013 Constitution. While the Constitution mandates a politically neutral, rights-respecting 'Police Service' accountable to the people (Sections 219 and 208), the outdated Act facilitates a militarized 'Force' structured for state control and often shielded from genuine scrutiny. The persistent conflicts—from the arbitrary use of police powers that violate the Declaration of Rights to the structural failure to implement the Independent Complaints Mechanism (Section 210)—have created a crisis of confidence and perpetuated a culture of impunity that undermines the very foundations of Zimbabwe's democracy. The purpose of this book is two-fold. First, it serves as a critical diagnosis of the constitutional pathology inherent in the Police Act, meticulously detailing how its various provisions obstruct the realization of fundamental rights such as freedom of assembly, access to justice, and protection of dignity. Second, and more importantly, this volume offers a prescriptive blueprint for the future. We argue unequivocally for the comprehensive repeal of the Police Act and its replacement with a new Police Service Act. This new legislation must not merely be an amendment; it must be a wholesale legislative re-imagining, designed from the ground up to place the constitutional supremacy and the protection of human rights at the absolute centre of the police mandate. Across the following chapters, we explore the philosophical shift from 'Force' to 'Service,' analyze the necessary overhaul of the rank and disciplinary structures to ensure meritocracy and non-partisanship, and outline the key legislative inclusions required to empower oversight bodies like the Police Service Commission and the vital Independent Complaints Mechanism. The book culminates with a detailed set of recommendations—a blueprint—for a police service that is efficient, effective, and ethically bound to its constitutional duty. This work is intended for legislators, legal practitioners, policymakers, academics, civil society activists, and, most critically, the dedicated men and women of the ZRP itself. It is offered in the spirit of constructive engagement, driven by the conviction that the realization of a truly democratic and prosperous Zimbabwe depends fundamentally on establishing a police service that is the guardian, not the violator, of its citizens' rights. The case for constitutional reform is urgent; the time for modernisation is now.