overview of the human rights situation in zimbabwe - Kubatana

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assailants who are well known ZANU PF activists in Chipinge but also the police who were present when he was assaulted. No arrest has been made to date despite the positive identity of the assailants. The Minister of Justice Legal and Parliamentary Affairs has also never publicly condemned the treatment to which Walter Chikwanha was subjected. To the contrary Walter Chikwanha was forcibly transferred from Chipinge Magistrates Court after his assault. The above cases have just been given in detail as case studies. Similar acts of impunity are currently taking place at Kondozi estate in Odzi, and in many parts of the country. In the majority of cases where there have been organised violence and torture, no one has been arrested or where any one has been arrested and he/she is from the ruling party, usually the cases do not get to be tried. In the over 300 politically related deaths of predominantly blacks that have taken place since 2000, we have not seen any meaningful efforts at investigation of the cases let alone prosecution. The organised violence and torture has therefore had a chilling effect on the citizens of Zimbabwe and currently the nation is facing frozen political activity with fear being the common denominator. The State of the Administration of Justice It is submitted that the Executive has undermined and manipulated the Judiciary in the last few years since 2000. There have been massive resignations in the Superior Courts due to direct and indirect pressure being brought to bear upon judicial officers. Of the 5 Supreme Court judges that Zimbabwe had in 2000, only one is left on the bench. The perception is that the President has now packed the Superior Courts with politically compliant judges. This has seriously undermined the public confidence in the justice delivery system. One concern is the increased incidence of harassment and attacks on members of the legal profession. There has also been an increased use of the state controlled public media such as The Herald Newspaper and the Zimbabwe Broadcasting Corporation as instruments to attack members of the judiciary who, in the course of their duties as judicial officers, make rulings that may not be favourable to certain quarters within the state 26 . Magistrate Judith Tsamba is the latest victim when the Herald of 18 March 2004 reported that “ Magistrate’s ruling sparks outrage - There was outrage within the legal fraternity yesterday after Harare magistrate Ms Judith Tsamba released on bail businessman and politician James Makamba... The courts do not have the capacity and will never have that capacity to say each one of the police officers in the country must first obtain a warrant before they arrest anyone…A highly placed Government source.said ‘Ms Tsamba’s ruling was likely to bring chaos in the country’s justice system” Such comments are contemptuous, unwarranted and calculated to bring the administration of justice into disrepute. It is also part of a wider, deliberate, systematic and sustained general attack on the judiciary to manipulate it, reduce its independence and weaken national institutions of protection that are vital for the restoration of the rule of law and democracy. Ms Tsamba is the latest victim among members of the legal profession to suffer an attack merely for doing her job as a judicial officer 27 . The 26 See the ZLHR statements dated 25/11/03 and 19/12/03 when judicial officers Administrative Court Presidents Majuru and Nare were similarly attacked in the Herald 27 In 2003 alone members of the legal profession that were attacked or received hostile attention from the state or state controlled organs merely for practicing their profession include Gabriel Shumba (now 10
government of Zimbabwe however has a history of attacking the judiciary or members of the legal profession each time the Executive is unhappy at certain judicial decisions. 28 The phenomenon of defiance of Court orders is also an issue of grave concern that undermines the independence of the judiciary and the due administration of justice. The government of Zimbabwe unfortunately has a well-documented history of being contemptuous to, and defying court orders that it feels are not favourable to the state or the ruling ZANU PF party. 29 exiled for fear of his life), Adv Selemani, Gugulethu Moyo, Alec Muchadehama, Andrew Makoni, Levison Chikafu, Perpetua Dube, Ndabezinhle Mazibuko, Thembani Mkwananzi, Kucaca Phulu, Chris Ndhlovu, Obey Matizanadzo, Muchineripi, Kossam Ncube, Trevor Ndebele, Reginald Chidawanyika, Dumisani Kufaruwengwa, Mpokiseng Dube, Beatrice Mtetwa, Arnold Tsunga, Otto Saki, Advocate Gijima, Lawrence Chibwe, Advocate T Bhatasara and Justice Benjamin Paradza. See the relevant press releases issued by ZLHR obtainable at zlhr@icon.co.zw In 2004 Magistrate Mrs Chigumira, public Prosecutor Mrs Blessing Gorejena, Lawyers Alex Mambosasa and Wilson Manase have been arrested for merely doing their job. See also my article titled “The operating Environment of The Legal Profession in the Year 2003 in Zimbabwe. The Legal Profession And The Judiciary As Human Rights Defenders In Zimbabwe In 2003. Separation Or Consolidation Of Powers On The Part Of The State?” obtainable from zlhr@ico.co.zw 28 See the Yorke Brothers (supra) a 1982 case where Ushewokunze [Home Affairs Minister then] had this to say about the legal profession “ We are aware that certain private legal practitioners are in receipt of money as paid hirelings, from governments hostile to our own order, in the process of seeking to destabilise us, to create a state of anarchy through an inherited legal apparatus. We promise to handle such lawyers using the appropriate technology that exists in our law and order section. This should succeed to break the unholy alliance between the negative bench, the reactionary legal practitioners and governments hostile to us, some of whose representatives are in this country.” The State President [then Prime Minister] was also quoted as having said the following about the judiciary in the same case on 29 July 1982, “the government cannot allow the technicalities of the law to fetter its hands in what is a very clear task before it, to preserve law and order in the country…We shall therefore proceed as the government in the manner we feel is fitting… and some of the measures we shall take are measures which will be extra legal (See Greg Linnington’s Constitutional Law of Zimbabwe LRF Harare 2001); In Mark Chavunduka’s case (supra) when judges complained about the non compliance by the Executive with court orders, President Mugabe is reported to have asked the judges to resign and is quoted as having said the following on the national television, “ the judiciary has no constitutional right whatsoever to give instructions to the President on any matter as the.. Judges purported to do. Their having done so can clearly be interpreted as an action of utter judicial indiscretion or as one of imprudence, or as, as I regard it, an outrageous and deliberate act of imprudence.” The Herald’s article of 18 July 2002 titled ‘Judgment against Minister sinister’ is yet another example of the disrespectful and contemptuous manner in which members of the Executive have taken to treating the Judiciary. In that article Minister of Information Jonathan Moyo suggested that contempt charges should never have been laid against Mr. Chinamasa, the Minister of Justice. Moyo further insinuated that the Honourable Justice Blackie had been handing down ‘racist’ judgments since the Rhodesian days. His Excellency, the President of Zimbabwe Robert G Mugabe appointed Justice Blackie onto the bench. 29 The Executive has not enforced Court orders in the following cases inter alia, Mark Chavunduka and Ray Choto –v- Ministry of Defence (1999 case); Andrew Meldrum –v- The Chief Immigration Officer and ors (May 2003); Associated Newspapers Of Zimbabwe Vs Chief Superintendent Madzingo &The Commissioner Of Police HC8191/2003; Dorothy Kumunda &7others –V- District Administrator Chikomba District &Another- HC9481/03; Charles De Kock –v- Mike Madiro and 4 ors HH 217/03, Cuthbert Chivhunze &Others –V- John Chitozho&Others –Mutare Court Case No.416/02; Commercial Farmers Union –V- Minister Of Lands & Others 2000 (2) ZLR 469 (S); Bennet Brothers Farm Entrprises Pvt Ltd –v-Vs Mupfururirwa &Others Mutare B.O393/03; Commissioner Of Police –V- Commercial Farmers Union 2000(1)ZLR 503 (H); Commecial Farmers Union –V- Mhuriro&Others 2000(1)Zlr 405 (S); Yorke and Another –v- Minister of Home Affairs HC H264/82 HC H 247/82 Bennet Brothers –v- Mwale,Chogugudza, and ors (numerous High Court and Magistrate Court cases), Natalie Dube –v- Commissioner of Police, C/S Mabunda and ors (Mutare Magistrates Court case), 11
Page 1 and 2: AN OVERVIEW OF THE HUMAN RIGHTS SIT
Page 3 and 4: schools closed; 229 threats/intimid
Page 5 and 6: violation of the right to freedom o
Page 7 and 8: In practice the PPA has been used b
Page 9: no avail since the police routinely
Page 13: arrested under POSA and MOA while i

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