The use of spikes by the Zimbabwe Republic Police has been deemed illegal by legal experts. This follows the government’s statement that it will charge officers who throw spikes at moving vehicles.
Parliamentary Legal Committee (PLC) member Cde Ziyambi Ziyambi quoted Section 38 of the Criminal Law reads as follows:
Any person who — (a)throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury; or (b) without lawful excuse, the proof whereof lies on him or her, overturns or attempts to overturn any motor vehicle, boat or aircraft. . . shall be guilty of obstructing or endangering the free movement of persons or traffic and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
When you throw a spike, you are clearly causing bodily harm or injury. Is that not cruel or inhuman treatment? I do not see where the practice or carrying the spikes is supported by any law.
Dean of the Faculty of Law at the University of Zimbabwe Professor Lovemore Madhuku said
There is no law which say police shall use spikes. If a person is not under arrest why should they be detained? Police should arrest or leave people to do their business. It is a clear example of abuse of office.
Lovemore Madhuku is a prominent law academic and politician. He is the current leader of the National Constitutional Assembly (NCA) and is also a political analyst. Read More About Lovemore Madhuku
The Zimbabwe Republic Police is the country's law enforcing and maintaining organ. It was established in 1980 evolving from the Rhodesian Police and incorporated members from both the Rhodesian and the nationalist forces. It operates under the Ministry of Home Affairs. Read More About Zimbabwe Republic Police
Ziyambi Ziyambi is the current Minister of Justice, Legal and Parliamentary Affairs and member of Zimbabwe African National Union Patriotic Front. Read More About Ziyambi Ziyambi