Statutory Instrument 205 of 2003

Defence Forces (Discipline)Regulations, 2003

SIs 205/2003, 251/2003

ARRANGEMENT OF REGULATIONS PRELIMINARY

PART I

COMMAND ANDPRECEDENCE

3. Ranks in the Defence Forces.
4. Superior and inferior ranks.
5. Precedence generally in the Defence Forces.
6. Precedence of members of the Regular Force in relation to members of the Defence Force Reserves.
7. Obedience to commands.
8. Command of units.

PART II

ARREST

10. Occasions for placing member under close arrest.
11. Provisions for avoiding delay after arrest.
12. Arrest where accused is remanded for further investigation.
13. Officers and warrant officers under arrest.
14. Non-commissioned officers other than warrant officers under arrest.
15. Soldiers under arrest.

PART III

INVESTIGATION ANDSUMMARY DISPOSAL OF CHARGES

17. Withdrawal, substitution or addition of charges.
18. Restriction on right to demand trial by court martial or civil court.
19. Representation at any investigation, summary trial or summary of evidence.
20. Jurisdiction of presiding officers over members on summary trial.
21. Jurisdiction of presiding officers over charges on summary trial.
22. Powers of punishment of presiding officers on summary trial.
23. Procedure on summary trial by presiding officer.
24. Disposal of charge other than by summary trial.
25. Review of proceedings of summary trial.
26. Preparation of summaries and records of evidence.

PART IV

REDRESS OFWRONGS AND PETITIONS ON REVIEW

27. Redress of wrongs.
28. Petition on review of proceedings of court martial or summary trial.

PART VI

BOARDS OF INQUIRY

30. Convening of boards.
31. Composition of boards.
32. Instructions to boards.
34. Questioning of witnesses.
35. Procedure on inquiry which might form subject of charge against member or affect his character or reputation.
36. Inquiry as to illegal absence.
37. Returned prisoners of war.
38. Proceedings of board are confidential.

PART VI

GENERAL

39. Appointment of superior authority, commanding officer and officer commanding.
40. Prescribed officer for purposes of sections 23(1)(b), 45(2), 46(1)(b) and 105(1)B of the Act.
41. Prescribed officer for purposes of section 41(1) of the Act.
42. Prescribed officer for purposes of section 44(1) of the Act.
43. Prescribed officer for purposes of section 54(10) of the Act.
44. Prescribed officer for purposes of section 76 of the Act.
45. Prescribed officer for purposes of section 77(1) of the Act.
46. Prescribed warrants for purposes of the Act.
47. Prescribed authority, depot, training camp or base for the purposes of section 105(2) of the Act.

SCHEDULES

First Schedule: Ranks in the Defence Forces.

Second Schedule: Summons to Witness.

Third Schedule: Declaration required by section 34 of the Defence Forces (Discipline) Regulations, 1977.

Fourth Schedule: Declaration required by section 37 of the Defence Forces (Discipline) Regulations, 1977.

Fifth Schedule:

Part I: Remand warrant issued in terms of subsection (1) of section 44 of the Defence Act [Chapter 11:02].

Part II:      Warrant for custody of accused person found to be mentally disordered or defective at the time of committing a crime.

Part III:     Warrant issued in terms of subsection (1) of section 76 of the Defence Act [Chapter 11:02].

Part IV: Warrant issued in terms of paragraph (b) of subsection (2) of section 3 of the Defence Act [Chapter 11:02].

Part V:      Warrant of committal issued in terms of paragraph (a) of subsection (1) of section 77 of the Defence Act [Chapter 11:02].

Sixth Schedule: Prescribed depots, training camps and stations.

IT is hereby notified that the Minister of Defence has, in terms of section 113 of the Defence Act [Chapter 11:02], made the following regulations:—

1. Title

These regulations may be cited as the Defence Forces (Discipline) Regulations, 2003.

                                                                                             2.     Interpretation

In these regulations—

“board” means a board of inquiry held in terms of Part V;

“close arrest” includes the confinement of a member in custody in detention barracks or civil prison in terms of section 44 of the Defence Act [Chapter 11:02];

“commanding officer” means an officer appointed in terms of section 39;

“Courts Martial Procedure Regulations” means the Defence (Courts Martial Procedure) Regulations, 2003;

“Director of Legal Services” means the person appointed as Director of Legal Services to the Defence Forces or his deputy;

“Director of Prosecutions” means the person appointed as Director of Prosecutions to the Defence Forces or his deputy;

“field punishment” in relation to a soldier convicted by a military court, means—

• such extra duties, drills or instruction, in addition to those which the soldier might be required to perform were he not undergoing such punishment; and
• such loss of privileges; and
• confinement in such place and manner and such personal restraint to prevent his escape; as the military court may determine is lawfully appropriate in any particular case;

“higher authority” means—

• in relation to a commanding officer, a superior authority;
• in relation to an officer commanding, a commanding officer;

“officer commanding” means an officer appointed in terms of section 39;

“Military Police” includes the Security Branch of the Air Force;

“presiding officer”, in relation to the summary of disposal of any charge in terms of Part III, means— (a)  a superior authority;

• a commanding officer;
• an officer commanding;

“Service Commander” means the Commander of the Zimbabwe National Army or Commander of the Air Force of Zimbabwe;

“stoppages” means stoppages of pay;

“summary of evidence” means an abstract of evidence or a record compiled in terms of section 26;

“summary of trial” means a summary of trial held in terms of Part III;

“superior authority” means—

• a Brigade Commander;
• an officer appointed as such in terms of section 39;

“superior officer”, in relation to a member, means an officer or non-commissioned officer who, in terms of Part I, is of superior rank or appointment;

“reviewing officer” means an officer appointed in terms of section 23.

PART I

COMMAND ANDPRECEDENCE

3. Ranks in the Defence Forces The ranks of members shall be those specified in the First Schedule.

                                                                                   4.     Superior and inferior ranks

• The rank specified in any item of the First Schedule shall be inferior to any rank specified in a preceding item and superior to any rank specified in a succeeding item.
• The rank specified in the second column of any item of the First Schedule shall be equivalent to the rank specified opposite thereto in the first column of that item and any reference in these regulations to such latter rank shall be considered to include any such equivalent rank.

                                                                       5.     Precedence generally in the Defence Forces

• Subject to subsection (4), a member holding substantive rank shall take precedence over members holding temporary or acting rank of the same rank.
• A member holding temporary rank shall take precedence over a member holding acting rank of the same rank.
• Members in the same rank, whether substantive, temporary or acting, shall take precedence according to the date of their promotion or appointment to that rank and if two or more members are promoted or appointed on the same date their precedence shall be determined by the date of their promotion or appointment to their previous lower rank.
• A member holding the substantive, temporary or acting rank or warrant officer (Class I) who, in addition, holds the appointment of Army Sergeant-Major, Brigade Sergeant-Major or Regimental Sergeant-Major, or in the Air Force, Air Force Warrant Officer shall, within his unit, take precedence over the other members holding the rank of warrant officer (Class 1).

                               6.       Precedence of members of the Regular Force in relation to members of the Defence Force Reserves

A member holding substantive, temporary or acting rank in the Regular Force shall take precedence over members holding the same substantive, temporary or acting rank in the Defence Force Reserve.

                                                                                      7.     Obedience to commands

(1) Subject to subsections (2) and (3) of section 8—

• a member of inferior rank shall obey the lawful commands of a member holding superior rank;
• a member shall obey the lawful command of any superior officer of the same rank where such a superior officer was appointed to such rank at a date earlier than that member.

(2) A warrant officer (Class I) shall obey the lawful commands of the member of his unit holding the rank of Warrant Officer (Class I) who in addition holds the appointment of Army Sergeant-Major, Brigade SergeantMajor or Regimental Sergeant-Major or in the Air Force, Air Force Warrant Officer or Base Warrant Officer.

                                                                                          8.     Command of units

• The command of a unit and the members serving in that unit shall, irrespective of his seniority, vest in such officer as the Service Commander may appoint.
• The Service Commander may appoint an officer to be the second in command of a unit in whom shall vest, irrespective of his seniority, the command of all members serving in that unit other than the unit commander.
• In the absence of the unit commander all the powers and functions vested in him by these regulations shall vest in the second in command of the unit.
• In the absence of both the commander and second in command of a unit the senior officer present shall exercise command.

PART II

ARREST

                                                                                                 9.     General

• Subject to these regulations, a member taken into military custody in terms of section 40 of the Defence Act [Chapter 11:02] shall be placed under either close arrest or open arrest.
• A member placing another member under arrest shall inform the member as to whether the member is being placed under close or open arrest.
• The commander of the guard or other member into whose charge an arrested member is placed shall, within 12 hours of receiving charge of the arrested member, report the fact of the arrest to the arrested member's unit commander.

                                                                    10.    Occasions for placing member under close arrest

A member shall not ordinarily be placed under close arrest unless— (a)  the member's confinement is necessary—

• to ensure his safe custody; or
• for the maintenance of discipline; or
• to prevent the member from committing further offences; or
• to prevent the member from interfering with any witness or evidence relating to the charge against him; or
• to secure the member's attendance at his trial; or

(b) the member defies the lawful command ordering the member into arrest; or (c)          the member resists—

• a lawful arrest; or
• the authority of a superior officer.

                                                                          11.   Provisions for avoiding delay after arrest

• A unit commander shall, within 48 hours after a member's arrest has been reported to him in terms of subsection (3) of section 9, report the allegation against the member in the manner prescribed by section 16:

Provided that this subsection shall not apply in any case where compliance is not reasonably practicable owing to the exigencies of military operations.

• No member shall be held under close arrest for more than 42 consecutive days pending trial by a military court unless a superior authority on the advise of the Director of Prosecutions, directs in writing that the member shall not be released from custody.
• The special report on the necessity for further delay in the assembling of a court martial for the trial of a member, required every eight days in terms of subsection (2) of section 43 of the Act, shall be made in writing to a superior authority.

                                                             12.   Arrest where accused is remanded for further investigation

(1) Where an accused member is remanded for further investigation, summary trial or for trial by court martial, the member's unit commander shall determine whether, subject to section 10 and having regard to all the circumstances, the member should be— (a) remanded under open or close arrest; or

(b) remanded in custody in a detention barracks or civil prison in terms of section 44 of the Act; or (c)      released without prejudice to rearrest until trial or further orders.

(2) The unit commander may change the form of arrest from time to time, as he considers fit, according to the circumstances.

                                                                         13.   Officers and warrant officers under arrest

(1) An officer or warrant officer under close arrest—

• shall if practicable be placed in the charge of an escort consisting of an officer or warrant officer of the same rank; and
• shall not leave his quarters except to take such exercise under supervision as a medical officer considers necessary or desirable:

Provided that if the unit commander considers it necessary or desirable, an officer or warrant officer may be—

• placed in the charge of a guard or sentry; or
• remanded in custody in a civil prison in terms of section 44 of the Act.

• Except on active service, an officer or warrant officer under close arrest shall not perform any duty other than personal routine duties and such duties as may be necessary to relieve him of the charge of any money, equipment, stores, accounts or office for which he may be responsible in the ordinary performance of his duties.
• An officer or warrant officer under open arrest—
• may take exercise at such times and within such limits as his unit commander may determine;
• shall not appear in any place of amusement, entertainment or at a public assembly; (c) shall not appear outside his quarters dressed otherwise than in uniform.

                                                      14.   Non-commissioned officers other than warrant officers under arrest

Section 13 shall, with appropriate changes, apply to non-commissioned officers other than warrant officers, under arrest.

                                                                                        15.   Soldiers under arrest

(1) A soldier under close arrest shall be— (a)   placed in confinement—

• in the charge of a guard or sentry; or
• in detention barracks or civil prison in terms of section 44 of the Act.

(b)   searched and deprived of any knife, tool, weapon or cutting instrument in his possession.

• Except on active service, a soldier under close arrest shall not— (a) be required to perform any duty other than—
  • personal routine duties; or
  • such duties as may be necessary to relieve him of the charge of any money, equipment, stores, accounts or office for which he may be responsible in the ordinary performance of his duties. (b) bear arms except—
  • by order of his unit commander; or
  • on the line of march; or
  • in detention barracks by order of the commandant for purposes of instruction, exercise or drill.
• A soldier under open arrest—
• shall not leave barracks except—
  • on duty; or
  • with the permission of his unit commander;
• shall attend parades; and
• may be ordered to perform all his normal duties.
• A soldier under arrest shall not be required to perform any duties in addition to those performed by soldiers who are not under arrest.
• A soldier arrested on a charge of drunkenness shall not be brought before an officer for investigation of the charge until—
• the soldier is in his sound and sober senses; or
• 24 hours have elapsed since the time of the soldier's arrest; whichever first occurs.