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Justice Delayed is Justice Denied and Justice Denied is NOT Free and Fair
Movement for Democratic Change (MDC)
March 22, 2005

A brief report on the outstanding legal issues that affect the fairness of the General Elections to be held on 31st March 2005

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The following tables set out the outstanding issues that in themselves indicate that the judicial system in Zimbabwe has failed in addressing issues that could materially contribute to the Fairness of elections.

The salient points are

  • Election petitions filed by MDC candidates which were successful in the high court (7 cases) and have been appealed in the Supreme Court.

The fact that 7 cases have been won by the MDC are now subject to Supreme Court appeals indicates that there are potentially 7 ( seven ) ZANU PF members of parliament who should not be there and are effecting the balance of power in the legalization of law.

  • Election petitions filed by MDC candidates in the high court but not yet completed (5 cases)
  • Election petitions filed by MDC candidates in the high court but not proceeded with (16 cases)
  • Election petition filed by a ZUD candidate in the high court but not proceeded with (1 case)

One may ask how these cases affect the General Elections The fact is that had these cases been finalized timeously then the balance in Parliament could have been significantly different and that legislation such as AIPPIA etc would not necessarily have been passed. It can be said that the slowness of the legal system has delayed justice to the advantage of the ruling party.

  • The fact that Joseph Mwale has not been investigated by the police for the Burning to Death of Talent Mabhika and Tachiona Chiminya even after Justice Devittie had ordered the investigation is testament of the bias within the Police.

One may ask what affect has the non investigation of Joseph Mwale on the Free and Fair climate for the general elections.

The answer lies in the fact that everyone knows what Joseph Mwale is capable of and the fact that he roams freely and is still a senior CIO agent puts fear into the electorate and endorses the ZANU PF concept of intimidation.

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