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Breakdown of the rule of law as Nyagura defies court order
Crisis in Zimbabwe Coalition
July 16, 2007

"The courts can do whatever they want, but no judicial decision will stand in our way . . . My own position is that we should not even be defending our position in the courts . . . we will not brook any protests, any attempt to cause problems, those who want to rebel and to cause lawlessness will be beaten to the ground like they have never been beaten . . . If that is Hitler, then let me be a Hitler tenfold. Ten times. That's what we stand for" Robert Mugabe (2003) cited in The State of Africa (Martin Meredith)

The Crisis in Zimbabwe Coalition castigates the University of Zimbabwe, Vice Chancellor's decision to defy the court order which was issued by the High Court against the illegal eviction of more than 5000 students from the University of Zimbabwe. The students were illegally evicted from their halls of residence on the 9th of July 2007 by the Vice-Chancellor Professor Levy Nyagura. In a case presided by Judge Ben Hlatshwayo, the students won a court order on Friday 13 July 2007 with no added costs

The defiance of the student's court order reinforces the chancellor's position cited in the above quotation and that of the government in confirming the collapse of the rule of law in the country. In functional and thriving democracies, there are clear cut institutional separation of power amongst the three arms of the state: the judiciary, the executive and the legislature. However, the executive has been on the front interfering in the administrative function of the other two arms.

In his communiqué published in the Sunday Mail, 15 July 2007, Professor Levy Nyagura, the University of Zimbabwe Vice Chancellor acknowledged receipt of the high court order but rather preferred to be an oasis of defiance. His declaration of intent was that he will not comply with the order because he fears for his life. The justification must be dismissed with the contempt it deserves. Students do not hold any form of weaponry or arsenal which can commit Nyagura's justification. When the courts reached the decision, they had proved beyond any reasonable doubt that students are not bandits neither could they commit criminal offences as noted by the Vice Chancellor.

We urge the Vice Chancellor to seize being a law into himself and abide by the rule of law. Instead, he must deal with the challenges which have been forwarded to his office by the students instead of being steadfast in uncalled for meanness. In an exhibition of unparalleled callousness, the displacement of the students was intolerant of the 60 disabled and blind students who were left in the cold after the operation, with neither food nor shelter. The government's behaviour is reminiscent of a declaration of a state of emergency where court orders are not upheld. It is disturbing to note that the Zimbabwe Republic Police (ZRP) which is supposed to be a custodian of law enforcement in the country has not arrested Nyagura for contempt of the courts. The Professor Levy Nyagura and his personnel must be stopped from blocking the vulnerable students, who have been traumatized since they were bundled out of the institution by armed police officers from returning to their lawfully entitled residence. Such has become the nature of the country's police force. The police force has become a pawn of narrow political interests for those in the ruling party as opposed to protecting the civilians who has become subjects of those how are suppose to follow them. The police was quick to evict defenseless students with arms yet they are complacent to act against the officials from the university who are violating the law.

We call upon the uniformed forces to execute their duties professionally and responsibly in line with their oaths of office which are generally to serve the national interests loyally and protecting the populace from both foreign invasion and promoting national peace.

Moreso, we call upon the Chancellor of the institution, President Robert Mugabe to take heed of the courts' position by accepting the displaced students back to campus to continue with their studies. President Mugabe, in his capacity as the Chancellor and the head of the state must not condone such criminal behaviour.

Crisis Coalition hold that the acts of the state are in violation of the citizenry's rights as out lined in the African Union Charter for Human and People's Rights article 26 which states that;

States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national instruments entrusted with the promotion and protection of the rights and freedoms guaranteed by the present charter.

The government is not adhering to such regional instruments which it signed and is obliged to uphold. The rule of law has become a farce. As in the classical book Animal farm found on the principle that all animals are equal, some have since proven to be more equal by seemingly proving that they are above the reach of the law of the land.

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