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Chaos
in Parliament of Zimbabwe: MP momentarily detained
Zimbabwe Lawyers for Human Rights (ZLHR)
May 18, 2004
An altercation allegedly
took place in the Parliament of Zimbabwe involving the Honourable MP for
Chimanimani Constituency Roy Bennett and Honourable Minister Patrick Chinamasa.
The security and state agents at Parliament thereafter detained Hon MP
Roy Bennett. Reacting to the Hon MP Roy Bennett’s distress calls, lawyer
Otto Saki proceeded to Parliament where he demanded access to his client,
the Hon MP Roy Bennet. Initially the security and state agents refused
to allow Mr. Otto Saki access to his client professing ignorance about
his whereabouts. It was only after being made to wait for over 30 minutes
at the Parliament entrance that Mr. Saki was finally allowed access to
the Parliament building where Bennett remained detained. While Parliamentarians
are encouraged to behave in an exemplary manner and not to abuse Parliamentary
privileges the incident between Hon P Chinamasa and Hon R Bennett should
be investigated in terms of the standing Parliamentary rules.
ZLHR is once again
alarmed at the attitude of state agents to continue refusing lawyers unimpeded
access to their clients. The practice of refusal to allow lawyers unimpeded
access to their clients is complemented by a persistent conduct on the
part of the state to defy court orders that are deemed to be unfavourable
to the state. In the context of the general conflict between the state
and Roy Bennett, ZLHR is aware that the state has defied no less than
6 court orders all effectively barring the state from interfering with
the farming activities at Charleswood Estate, the farm belonging to the
Bennett Brothers. A summary of the defied orders is given below:
Defied Court Orders
specific to Charleswood Estate
13 May 2004:
High Court
Judge, Justice Ben Hlatshwayo granted an order by consent in terms of
which the State was interdicted from interfering with the business operations
at Mawenje Lodge situated at Charleswood Estate. This order was served
on the relevant state organs but has been ignored by the state to date.
3 May 2004:
High Court
Judge, Justice Guvava granted a provisional order interdicting the state
from interfering in any manner whatsoever with the farming operations
at Charleswood Estate. The state and all those in unlawful occupation
of the farm at the instance of the state were ordered to forthwith vacate
the farm and to allow employees of Charleswood Estate that they had forcibly
and without right ejected out of the farm to return to their homes on
the farm. This order was served on all the relevant state organs cited
such as the Provincial Governor of Manicaland Retired Major General Mike
Nyambuya, The Minister of State Security, The Minister of Home Affairs,
The Commissioner of Police and The Commander of the Zimbabwe National
Army. The order has regrettably been defied by the State.
25 February 2004:
High Court
Judge, Justice Karwi granted a provisional order which provided that,
Bennett Brothers Farming Enterprises (Pvt) Ltd ("Bennett Brothers")
is given leave to remain and carry on its business on Charleswood Estate;
the state or its functionaries were interdicted from interfering in any
way with the farming and business operations of Bennett Brothers on Charleswood
Estate; the state functionaries or other persons occupying the farm at
the instance of the state were ordered to immediately vacate the farm.
This order was served on the state but the state has chosen to defy and
disregard the court order.
18 November 2003:
The Magistrates’
court at Mutare, Manicaland issued a provisional order against functionaries
of the state led by Sergeant Nasho and the Agricultural Rural Development
Authority (ARDA) to the following effect; that the state functionaries
were interdicted from setting foot or entering upon Charleswood Estate;
that the state functionaries were interdicted from harassing or assaulting
the employees of Charleswood Estate; that the state functionaries were
to vacate Charleswood Estate forthwith failing which the messenger of
court and the police were directed to eject them; the state functionaries
were further ordered to vacate and restore the offices of Charleswood
Estate to the Bennett Brothers. This order has also been defied by the
state.
8 April 2003:
High Court
Judge, Justice Karwi granted an order by consent which provided that,
the state and its functionaries be interdicted from threatening, abusing,
intimidating, harassing assaulting or communicating with the directors,
employees and their family members of companies belonging to the Honourable
MP Roy Bennet, operating at Charleswood Estate; and that the employees
of Charleswood Estate and their families were permitted and directed to
return forthwith to their homes on, and continue working for Charleswood
Estate. This order has also been ignored.
May 2002
The High
Court Harare issued a provisional order that is still standing that barred
the state from acquiring Charleswood Estate. Needless to say that such
order has also been ignored and completely defied by the state.
Lawlessness and
Defiance of Court Orders
Unfortunately
the courts can only go so far in asserting the rights of individuals.
Once they make a pronouncement as to the correct legal position, the responsibility
to enforce the law immediately shifts to the Executive organ of the state,
it being the one that is in charge of the state machinery. In enforcing
court orders, the Executive complies with its responsibility to ensure
that citizens enjoy the right to the protection of the law which right
is provided for in our constitution and other international instruments
that the government has acceded to or signed and ratified. A culture of
defiance of court orders severely undermines the judiciary and the justice
delivery system and entrenches a culture of impunity and lawlessness.
ZLHR believes that there is a strong relationship between the shameful
episode that took place in Parliament and the defiance of Court orders.
Recommendations
ZLHR recommends
that:
- The state immediately
restores the rule of law and complies with all judgments even if they
may be unfavourable to the state.
- The Minister of
Justice Legal and Parliamentary Affairs be at the forefront of defending
the independence of the judiciary and to this extent issues public statements
in support of the judiciary in instances where the judiciary gets targeted
for persecution, harassment, assaults, defamation and also in cases
where the independence of the judiciary is being undermined through
such unworthy conduct as defiance of court orders. In particular the
Minister should cause investigations and possible prosecution to be
done in all cases where members of the judiciary and the legal profession
have been assaulted such as the case of Magistrate Chikwanha who was
beaten by known assailants (in August 2002) who still roam the streets
of Chipinge free.
The state should comply
with the law if it needs to acquire Charleswood Estate or any other property.
There is no conceivable reason or any legal justification for the state
to operate outside the law in dealing with any of its citizens notwithstanding
their ethnic, racial, or tribal origin or political inclination.
Visit
the ZLHR fact
sheet
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