This call comes in the wake of demonstrable evidence that the police, because they deal with the statutes in isolation, are failing to appreciate the provisions of the constitution. On a regular basis, they handle suspects and innocent citizens in a way that violates their rights. On our highways and roads, where roadblocks are a common feature, this violation is rampant.
For instance, it seems the police have adopted a culture whereby they detain motorists, against their right to freedom of movement, on all sorts of flimsy excuses. One method they commonly use is to take away a driver’s licence and car keys for minor offences and sometimes simply because they want to their “authority” to be felt.
The police are still arresting, detaining and charging people on grounds that are in direct contravention of the new constitution. It boggles the mind why the police keep arresting citizens for allegedly violating unconstitutional sections in laws such as the Criminal Law (Codification and Reform) Act.
People continue to be arrested for “undermining the authority of the President”. This is despite the fact that this violates a person’s freedom of expression as enshrined in the constitution. Even a law school fresher would know that.
Granted, these laws are still in existence and, before they are repealed, are technically in force. But it does not make any sense to spend valuable wo/man-hours and financial and material resources pursuing a case that will be rejected on the basis of its un-constitutionalism.
One major reason why the police still go ahead and charge people in this way is clearly because they are ignorant about constitutional provisions. It is vital to adopt comprehensive strategies and methods to educate the law enforcers about the constitution. If at all the ZRP already has such a strategy, they need to revisit it because it is not producing the necessary results.
Post published in: Editor: Wilf Mbanga