The President Should Rescind the Decision to Deploy Defence Forces
By Henry Kyambalesa
Our brother President Edgar C. Lungu needs to promptly rescind his decision to deploy defence forces to quell political violence expected to be perpetrated by unruly supporters of citizens vying for elective positions in government ahead of the August 12, 2021 general elections. He should do so for two important reasons.
Firstly, the gallant members of our defence forces are not trained to observe the rights and freedoms of the citizenry guaranteed by the Republican constitution and are, therefore, likely to violate such rights and freedoms. As such, the President will do well to guard himself against being indicted by the International Court of Justice for any atrocities which are likely to be committed by some members of the defence forces.
Secondly, the deployment of our beloved country’s defence forces to deal with domestic issues and matters other than public emergencies and national disasters may not be constitutional. The Constitution of Zambia (Amendment) No. 2 of 2016 stipulates the following as the Constitutional functions of the Defence Forces and the Zambia Police Service:
(2) The Defence Force shall—(a) preserve and defend the sovereignty and territorial integrity of the Republic; (b) foster harmony and understanding between the Zambia Army, Zambia Air Force, an auxiliary unit and members of society; and (c) cooperate with State organs and State institutions in times of public emergencies and national disasters.
(2) The Zambia Police Service shall—(a) protect life and property; (b) preserve peace and maintain law and order; (c) ensure the security of the people; (d) detect and prevent crime; (e) uphold the Bill of Rights; (f) foster and promote good relationships with the Defence Force, other national security services and members of society; and (g) perform other functions as prescribed.
(1) The President may deploy personnel of the Defence Force outside the Republic.
(2) Where the President deploys personnel of the Defence Force outside the Republic, the President shall, as soon as is reasonably practicable, inform the National Assembly of the deployment. (Note: The National Assembly is currently dissolved.)
However, the President has unquestionable authority to deploy the Zambia Paramilitary Battalion, an auxiliary unit of the Zambia Police Service, to reinforce the work of the Zambia Police Service in maintaining law and order. There is a good reason why we have the Ministry of Home Affairs and the Ministry of Defence as separate cabinet-level units of the Executive branch of government.