Zimbabwe judiciary remains precarious
http://www.afrik-news.com/article18057.html
Sunday 1 August 2010 / by Alice Chimora
Zimbabwe’s judiciary system is being kept under President Mugabe’s wraps
through financial inducements and threats of physical harm with the new
coalition government doing nothing to re-establish the integrity of the
compromised bench.
An international lawyers’ group said because of a compromised judiciary
coupled with a culture of impunity among state security agents and
inadequate training of judicial officers the rule of law situation in
Zimbabwe remains precarious, 16 months after Mugabe and former foe Morgan
Tsvangirai formed a power-sharing government.
The report, titled “A place in the sun; A report on the state of the rule of
law in Zimbabwe after the Global Political Agreement” was co-authored by
lawyers’ associations and bars from several countries that toured Zimbabwe
from 24 October to 4 November 2009, the same period Harare deported United
Nations Special Rapporteur on Torture, Manfred Nowak.
The unity government that came into office in February 2009 with promises to
fix the economy, uphold democracy and the rule of law has achieved some
success on the economy. But it has struggled to implement democratic reforms
and failed to stop lawlessness in the farming sector or eradicate political
violence that is resurgent in many parts of the country.
The report released at the weekend says “By far the majority of the senior
judiciary remains fundamentally compromised by state patronage, grants of
land and other gifts given to them by the former government.
“The present government has not sought to claw-back such inducements from
the senior judiciary nor has there been any policy initiative directed at
re-establishing the integrity of the senior judiciary in the eyes of the
public.”
Support
To help protect the rights of the public, the lawyers report called for
increased support for local organisations such as the Zimbabwe Lawyers for
Human Rights and the Legal Resources Foundation that have over the years
defended poorer members of society who would otherwise not afford legal
representation in the absence of meaningful legal aid schemes in the
country.
The report also acknowledges the role played by magistrates in defending
basic freedoms and rights of citizens, noting that many magistrates are
subject to threats, intimidation, arrest and prosecution when they displease
the authorities.
It cited as an example the case of a magistrate who was prosecuted for
lawfully granting bail to Roy Bennett, former white commercial farmer who is
a top ally of Prime minister Tsvangirai.
“One interviewee described the magistracy as the unsung heroes of recent
years,” the report said.
Zanu (PF) party has previously rejected reports criticising Zimbabwe’s human
rights and judicial record as part of a Western-orchestrated attempt to
tarnish the Zimbabwean leader’s name.
Some of the more prominent names that were on the lawyers’ mission to
Zimbabwe were General Council of the Bar of England and Wales chairman
Desmond Browne, Commonwealth Lawyers Association president Mohamed Husain,
Avocats Sans Frontières representative Lara Deramaix.
Other team members were Hans Gaasbeek, the chairman of the Bar Human Rights
Committee and the bar’s project coordinator, Mark Muller. Jacqueline
Macalesher, and Ijeoma Omambala and Andrew Moran of the English Bar also
visited Zimbabwe.