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Repressive legal framework denies free choice
Josphat Tshuma, President of the Law Society of Zimbabwe
November 02, 2009

The Law Society of Zimbabwe [LSZ] is deeply concerned by reports to the effect that there is continued and deliberate attempts and propensity to undermine the integrity of the Magistrates by state agents particularly by State Counsel from the Attorney General's office.

The recent reported conduct of Andrew Kumire leaves a lot to be desired and cannot be expected of any professional working within the administration of justice.

Magistrates as judicial officers have a mandate to fearlessly and impartially dispense justice in an environment conducive of complete freedom and independence.

As judicial officers, they are protected by UN Basic Principles on the Independence of the Judiciary, ACHPR Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa and as such have uncompromised right and obligation to perform their functions of judicial adjudication through an application of their own integrity and the law without any actual or perceived direct or indirect interference from any person or institution.
Judicial independence is an important integral part of the upholding of the rule of law, engendering public confidence and proper dispensing of justice and as such LSZ do hereby demand that:-

(i) defiance of lawful court orders by AG's representatives and abetting of such should not be tolerated but be punishable and publicly condemned.

(ii) erosion of judicial independence by public officials, particularly improper interference with court proceedings, orders and subjecting magistrates to control and direction should stop.

(iii) the law enforcement agency sees to it that the law is applied to all people equally.

The LSZ urges the inclusive government to adhere to Section 13 of the GPA by ensuring that all state organs and institutions strictly observe the principles of the rule of law and those violating such be penalised without fear or favour.

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