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ZimRights
position on the judiciary
Zimbabwe
Human Rights Association (ZimRights)
March 04,
2003
Harare - The recent
media reports on the attitude of ZimRights in relation to the Judiciary
in Zimbabwe* has necessitated that ZimRights unequivocally states its
long-standing position on the Judiciary and the justice delivery system.
- The Judiciary is
one of the three pillars necessary in any democracy, the others being
the Executive and the Legislature. Infact ZimRights recognises out of
practice that, an independent media has become an inevitable pillar
in any society as well.
- It is important
to have a credible, functioning and independent Judiciary which is free
from interference by the Executive or the Legislature.
- ZimRights recognises
that interference with the Judiciary and generally the Justice delivery
system by the Executive or the Legislature affects the integrity and
credibility of the Judiciary and makes people loose confidence in, and
respect for the Justice delivery system. This in turn leads to the breakdown
of the rule of law, lawlessness and endemic corruption which in turn
leads to economic collapse and severe loss of investor confidence.
- ZimRights observes
that from about the year 2000, there has been a systematic and sustained
attack on the Judiciary and on legal actors in a manner that presently,
there is a justifiable perception that the Judiciary in Zimbabwe is
no longer free of political interference. The attack on legal actors
has taken various forms including, but not limited to assaulting Magistrates;
invading Courts; pressurising Judges to resign, arresting Judges, assaulting
and intimidating lawyers; politicising the Police force and to some
extent the Judiciary; arbitrary transfers of Judicial officers and other
forms of pressures.
- ZimRights believes
that the human rights situation in our country will only improve and
basic fundamental human rights fully enjoyed when we have an independent,
credible and functioning Judiciary. Of course any criticism of Judges
must not be personal or malicious, but factual, objective, dignified
and intemperate.
- ZimRights acknowledges
that over the years the Judiciary especially led by Chief Justices Dumbutshena
and Gubbay developed local and international reputation for fairness
and justice without fear or favour which the new crop of Judges must
emulate. The Judges who recently retired and those whose term of office
is now coming to an end also deserve recognition for their fearless
efforts towards maintaining the independence of the Judiciary.
- ZimRights therefore
makes the following demands from the State concerning the Judiciary
and the justice delivery system;
- All political interference
with the judiciary must stop forthwith.
- Appointments to
the bench must be on merit and not on political or other self-serving
narrow interests. In other words "packing" of the courts must stop.
- People who attack
Judges, Magistrates and Lawyers for discharging their duties must be
brought to book. ZimRights is therefore concerned that assailants of
Magistrate Walter Chikwanha of Chipinge have not been arrested to date
despite the fact that their identity is known.
- The police force
must be depoliticised and in particular torture and other degrading
and inhuman treatment of "suspects" must stop forthwith.
- Any suspicion on
misconduct on the part of the Judges must be dealt with as provided
for in the Constitution of Zimbabwe and not in a manner where suspicion
(no matter how unreasonable) is used to humiliate and embarrass the
Judges.
- Judges must not
be hounded out of office or be subjected to arbitrary arrests and detention
as they leave the bench.
Organs of the State
must be independent for democracy to work.
Munyaradzi Bidi
National
Director
Arnold Tsunga
National
Chairman
*Sunday Mail, 2
February 2003; Daily News, 3 March, 2003
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