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Agenda item 9: The Human Rights Situation in Zimbabwe
Zimbabwe Lawyers for Human Rights (ZLHR)
November 28, 2005

We thank Madam Chair for affording us this opportunity to bring to the attention of the Commission recent measures taken by the Government of Zimbabwe to oust the jurisdiction of the courts.

Constitutional Amendment (No.17) was introduced in Parliament on 15 July 2005 and immediately raised an outcry. Submissions criticising the Bill were made to the Portfolio Committee in Parliament. Over 120 lawyers and a unanimous Council of the Law Society of Zimbabwe presented petitions to Parliament protesting against the intention to remove the functions of the Judiciary. Solidarity petitions were submitted by various Law Societies in the region, including the SADC Lawyers’ Association and the East African Lawyers’ Association. Regrettably, these concerns were ignored and the Bill became operative on 14 September 2005.

Of gravest concern is the fact that the Amendment effectively prevents certain matters from being considered by the Judiciary, as well as removing pending cases from the courts. Whilst it seeks to consolidate the laudable objective of land redistribution, it does so by ousting the jurisdiction of the courts. Such an ouster, as has been decided in previous cases by this very Commission, violates Articles 7 and 26 of the African Charter as it removes an individual’s right to approach the courts for relief and indicates a failure by the State to guarantee the independence of the courts by allowing them to promote and protect fundamental rights and freedoms. The ouster has also had the effect of dissuading individuals from approaching the courts for a determination of their rights, thereby making them increasingly susceptible to human rights violations, which has again been criticised in previous cases before the Commission..

Madam Chair, the Amendment also empowers the state to prevent individuals from leaving the country by seizing their passports where they are considered to be a threat to various interests of the state. The Minister of Justice has publicly stated in Parliament that this amendment is intended to silence opposition political and human rights activists and prevent their attendance at regional or international fora. The effect of this provision is the violation of the rights of freedom of movement, association, assembly and expression under the African Charter.

We would call upon the Honourable Commission to urge the Government of Zimbabwe to repeal or amend Constitutional Amendment (No.17) so that it complies with international human rights standards as enshrined under the African Charter, and to urgently address the call for wholesale, people-driven constitutional reform. In addition, the government should be urged to publicly reaffirm its commitment to respecting the independence of the judiciary and the separation of powers, and to refrain from executive interference in the functions of the courts.

We thank you for your attention.

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