Attorney General Prince Machaya has revealed that the soldier who was caught on camera kneeling and shooting at civilians on the 1st of August can be investigated.
Machaya who appeared before the commission of Inquiry into the 1st of August shootings today, said the law allows the shooting soldier to be investigated and charged like every other citizen.
“The law is clear, the soldier caught on camera kneeling and shooting civilians can be investigated and charged like everyone else,” said Machaya.
He threw President Emmerson Mnangagwa under the bus saying he is the only person equipped with the power to deploy soldiers.
There have been varying accounts of what could have happened on the fateful with some saying the Minister of Defence is empowered under the Public Order and Security Act to deploy soldiers but Machaya said the POSA cannot be read in isolation.
“POSA says, Home Affairs Min can ask Defence Minister to assist by deploying soldiers but there is no confusion between POSA and Constitution as POSA cannot be read in isolation. Constitution is Supreme.
“Defence Minister is aware that President is ultimate authority with regards deployment of defence forces,” said Machaya.
“When read in isolation, POSA creates impression that Defence Minister can deploy defence forces without authority from the President,” he added.
On Justice Mangota ruling which exonerated Mnangagwa, Machaya said ruling is misplaced since the President is the only one who can deploy defence forces.
The Commission of Inquiry has adjourned to Monday next week when the opposition MDC leader, Nelson Chamisa and his Deputy Chairperson, Tendai Biti are expected to make their submissions.