Judiciary indebted to Mugabe: Report

Written by ZimOnline.

Friday, 30 July 2010 06:45

HARARE - Economic inducements and threats of physical harm have kept Zimbabwe's judiciary beholden to President Robert Mugabe with the new coalition government doing nothing to re-establish the integrity of the compromised bench, international lawyers' groups have said.

The groups said because of a compromised judiciary coupled with a culture of impunity among state security agents and inadequate training of judicial officers the rule of law situation in Zimbabwe remains precarious, 16 months after Mugabe and former foe Morgan Tsvangirai formed a power-sharing government.

The unity government that came into office in February 2009 with promises to fix the economy, uphold democracy and the rule of law has achieved some success on the economy. But it has struggled to implement democratic reforms and failed to stop lawlessness in the farming sector or eradicate political violence that is resurgent in many parts of the country.

The report released at the weekend but made available to ZimOnline yesterday said: "By far the majority of the senior judiciary remains fundamentally compromised by state patronage, grants of land and other gifts given to them
by the former government.

"The present government has not sought to claw-back such inducements from the senior judiciary nor has there been any policy initiative directed at re-establishing the integrity of the senior judiciary in the eyes of the public."

The report, titled "A place in the sun; A report on the state of the rule of law in Zimbabwe after the Global Political Agreement" was co-authored by lawyers' associations and bars from several countries that toured Zimbabwe
from 24 October to 4 November 2009, the same period Harare deported United Nations Special?Rapporteur on Torture, Manfred Nowak.

Nowak had attempted to visit Zimbabwe to probe the country's jails where inmates have died of hunger and opposition politicians have been tortured.
He was barred from entering Zimbabwe on arrival at Harare International Airport.

Some of the more prominent names that were on the lawyers' mission to Zimbabwe were General Council of the Bar of England and Wales chairman Desmond Browne, Commonwealth Lawyers Association president Mohamed Husain,
Avocats Sans?Frontières representative Lara Deramaix.

Other team members were Hans Gaasbeek, the chairman of the Bar Human Rights Committee and the bar's project coordinator, Mark Muller.
Jacqueline?Macalesher, and Ijeoma Omambala and Andrew Moran of the English Bar also visited Zimbabwe.?

To help protect the rights of the public, the lawyers report called for increased support for local organisations such as the Zimbabwe Lawyers for Human Rights and the Legal Resources Foundation that have over the years defended poorer members of society who would otherwise not afford legal representation in the absence of meaningful legal aid schemes in the country. ?

The report also acknowledges the role played by magistrates in defending basic freedoms and rights of citizens, noting that many magistrates are subject to threats, intimidation, arrest and prosecution when they displease the authorities.

It cited as an example the case of a magistrate who was prosecuted for lawfully granting bail to Roy Bennett, former white commercial farmer who is a top ally of Tsvangirai.

"One interviewee described the magistracy as the unsung heroes of recent years," the report said.

Justice Minister Patrick Chinamasa was not immediately available for comment on the report. But Chinamasa, who is seen as among the hawks in Mugabe's ZANU PF party, has previously rejected reports criticising Zimbabwe's human
rights and judicial record as part of a Western-orchestrated attempt to tarnish the Zimbabwean leader's name.

The report's recommendations in brief:

(i) The culture of impunity on the part of the police and state security forces should be ended forthwith. Those suspected of having committed criminal offences should be investigated and if appropriate prosecuted regardless of their political affiliation?

(ii) The Attorney General and his representatives should discharge their duties fairly and impartially and in the interests of justice. In particular, the practice of automatic opposition to bail so as to secure a further seven days' detention under section 121 of the Criminal Procedure and Evidence Act should be ended.

(iii) A Judicial Services Commission should be formed with a membership comprising, inter alia, retired Justices of the Supreme Court and senior lawyers. The Commission should be entirely independent of the executive as to both its membership and its financing. A transparent?nominations process should promote judicial appointments against agreed criteria based on merit.

(iv) A code of conduct for Judges should be introduced providing for, ?inter alia, full and frank disclosure of the assets of the judges of the High Court and the Supreme Court over a certain value (to be set in consultation with the Judicial Services Commission). Judges having received property of any nature from the Government should be required to return that property forthwith.

(v) Responsibility for enforcing the code of conduct for judges should be vested in the Judicial Services Commission which should have the power to discipline judges including by suspension from office or dismissal in extreme cases such as serious misconduct or incapacity.

(vi) The current remuneration of judges and magistrates should be reviewed to ensure that salary and benefits are commensurate with the status and responsibility of their office.

(vii) Lawyers should be permitted to practise their profession without?hindrance, harassment or intimidation.

(viii) The Government should comply with its obligations under the SADC?Treaty and accept the jurisdiction of the SADC Tribunal and give full faith and credit to decisions of that Tribunal. If necessary, domestic legislation should be brought forward to ensure that decisions of the? SADC Tribunal are enforceable directly in Zimbabwe.

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