Back to Index

This article participates on the following special index pages:

Continuing disregard of court orders by state functionaries disturbing
Legal Resources Foundation (LRF)
January 19, 2009

Visit the special index page on the mistreatment of the legal profession in Zimbabwe

We have noted with deep concern, the continuing flagrant disregard of court orders by state functionaries.

Since October 2008 an increasing number of abductions of Zimbabwean citizens have occurred, including Jestina Mukoko and a 2 year old child who was abducted together with his mother. At the time of abduction, state agents were suspected, and these suspicions have subsequently proved to be correct. Efforts to locate these people came to naught and their relatives turned to the law for help.

We highlight below some of the recent events which cry out for the return to the rule of law:

• On 11th November 2008 the Hon. Hungwe J. declared the detention of 14 abductees unlawful and ordered their immediate release. This order was not complied with although the State has now admitted that it was holding them captive at the time.
• On 9th December 2008 the Hon Gowora J. ordered the police to search for Jestina Mukoko in conjunction with her lawyers and produce a daily update on progress. This order was again not complied with, although lawyers did gain access to some police stations.
• Another urgent application was filed with the High Court on 24th December 2008, seeking the release of the detainees, or alternatively, that they immediately be moved to a private clinic for treatment. The matter was heard by the Hon. Omerjee J. who granted a final order for the release of Jestina Mukoko and 8 others, who were to be taken immediately to the Avenues Clinic for medical treatment. He also ordered the release of the 14 abductees whose release had been earlier ordered by the Hon. Hungwe J. and another 11 abductees whose detention he declared unlawful. Once again the State defied all three orders.
• On 2nd January 2009 the Hon. Chitakunye J. ordered that Jestina Mukoko be taken to a private clinic for further examination. Prison officials did not comply with the order.

The above incidents show an unacceptable trend of complete disrespect for the judiciary, which is one of the pillars of governance. The rationale behind the noble concept of the separation of powers is to ensure that there are sufficient checks and balances to prevent excesses, especially by the executive. In a democratic system that works, the judiciary is allowed to operate without hindrance and its decisions are respected and complied with by the executive. It appears Zimbabwe has decided to embark on a path of its own which has brought nothing but shame to all self respecting citizens.

We have now reached a situation where an executive authority completely ignores the orders of the courts, thus placing itself above the law, able to do whatever it wishes to citizens, ignoring all laws and constitutional rights, abusing its powers at will and with impunity.

All these abductees were granted the relief they sought from the courts but the orders appear now to be of no force or effect. For as long as the police continue to be instructed to disregard court orders, their quest for justice is but a pipe dream. If people who shoulder the responsibilities of government ministries use the police to flout the rule of law rather than uphold it, then we can safely say democracy in Zimbabwe is dead. The rights to personal liberty, to equality before the law, to freedom from arbitrary arrest, to freedom from torture and to a legal remedy for abuses have all been abrogated.

Where are Zimbabweans to go for relief if the courts have been rendered irrelevant? No one should be above the law and it is time this becomes a reality for all Zimbabweans, irrespective of one's political persuasion. This culture of impunity has no place in a civilized and democratic State.

We implore the authorities to search their conscience and allow reason to prevail. We all want to live in a nation which protects and respects human rights; all Zimbabweans are crying for respect for the rule of law and a return to democratic government.

We also call on the international community in SADC and beyond to take note that the Zimbabwean authorities no longer abide by the constitution of the country, and to support us in our call for an immediate return to adherence to the democratic rights to which we are all entitled.

Visit the LRF fact sheet

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP