Nov 17, 2018 | News
The Judicial Service Commission (JSC) of Zimbabwe with the support of the ICJ convened a two-day workshop from 16 to 17 November 2018 in Harare to train magistrates designated to the anti-corruption court. 56 Magistrates (39 males 17 females) attended the Workshop.
Speaking during the workshop the Honourable Chief Justice, Luke Malaba encouraged the magistrates to work diligently to “flash out” corrupt elements from society.
He lamented that the current court practice seems to merely launder accused persons through constant remands which eventually lead to failed cases resulting in impunity for corruption in the country.
He pointed out that corruption is a threat to the rule of law urging the judiciary to be conscientious in dealing with corruption cases.
The workshop is part of a broader justice sector intervention by the JSC with the support of the ICJ, through generous funding provided by the European Union (EU) targeting combating corruption in the legal system.
The two-day training meeting looked at equipping 56 magistrates with the skills and knowledge to adjudicate cases of white-collar crime.
The training covered international best practices in the setting up of such courts, substantive law on corruption and practical court administration issues.
Besides the quality of the investigations, the effectiveness of the anti-corruption courts will also depend on the integrity and competency of the officers appointed to preside over them.
This workshop is one of a number of initiatives that the JSC are effecting with the support of the ICJ and the EU to contribute to a reduction in the levels of corruption and strengthen the ability of the justice system to resolve corruption and resource diversion cases in Zimbabwe.
Contact
Brian Penduka on brian.penduka(a)icj.org or +263772274307
Aug 2, 2018 | News
The ICJ condemns in the strongest terms the violence that erupted in Zimbabwe after the elections, and calls for the restoration of the rule of law and respect for human rights.
At least 3 people are reported to have died in Harare on 1 August as a result of the Zimbabwe Defence Forces’ (ZDF) use of live ammunition “to disperse” unarmed protestors in Harare’s Central Business District.
Members of the ZDF are reported to have fired live bullets against the fleeing crowd, and assaulted people indiscriminately, resulting in injuries and loss of life.
While the ICJ does not condone acts of violence carried out by protesters and party supporters, it strongly condemns the intentional use of lethal force and other actions of the ZDF, which were disproportionate and unnecessary in the circumstances.
According to the ICJ, the unrest could have been contained in a manner consistent with Zimbabwe’s international human rights law obligations, which, in turn, could have avoided loss of lives and injuries to protesters and bystanders.
“The use of lethal force on unarmed protesters must never be condoned,” said Sam Zarifi, the ICJ Secretary General.
“The intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life,” he added.
The ICJ reminds the authorities in Zimbabwe of their commitment to rule of law, constitutionalism and protection of human rights as provided for under the Constitution and relevant international human rights law and standards.
The ICJ calls on them to uphold the rule of law and protect human rights during this post-election period.
The ICJ urges the responsible authorities to hold to account members of the ZDF responsible for the loss of life and limb during the protests on 1 August.
Contact:
Arnold Tsunga, Director of the Africa Regional Programme, International Commission of Jurists C: +263 77 728 3248, E: arnold.tsunga(a)icj.org
Background information
Protests erupted in the morning of 1 August 1 2018 during the announcement of the results for the National Assembly following “the Harmonised Elections” held on 30 of July 2018.
It is alleged by authorities that protesters were damaging property during the protest.
Media reports published later in the day indicate that the Zimbabwe Republic Police (ZRP) invoked section 37(1) of the Public Order and Security Act [Chapter 11 :17], which allows the Minister of Home Affairs upon request by the Commissioner General of Police to seek assistance from the Zimbabwe Defence Forces (ZDF) to quell civil commotion in any district and for the ZDF to assist.
The Zimbabwean Constitution recognizes and protects the rights of citizens to freely and peacefully demonstrate and petition.
It also guarantees the freedom of assembly and association.
Although section 86 of the Constitution makes clear the non-absolute nature of these rights, Zimbabwean authorities must be reminded that any limitations must be in terms of a law of general application and must be fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
Citizens of Zimbabwe are also reminded of these constitutional provisions and encouraged to exercise their rights within the confines of the law.
Mar 22, 2018 | News
The ICJ and the Judicial Service Commission (JSC) of Zimbabwe, are convening a three-day Orientation Workshop for newly appointed judges.
It is held until 24 March at Troutbeck Inn, Nyanga.
The workshop is the fourth such meeting that the ICJ and the JSC have convened with the support of the European Union.
The training provides a useful bridge for the new appointees as they transition from the bar to the bench.
The topics covered during the training include judgement writing, court procedure and decorum, substantive law, judicial independence and issues of integrity on the bench.
The Hon. Judge President Chiweshe in his opening remarks stated that the objectives of the workshop are to familiarize incoming judges with their new work environment and to acquaint them with the specific divisions of that court.
This is to prepare them for the full assumptions of work in the judiciary. Justice Chiweshe noted that each division, criminal, civil and family law, will expose the judges to its own activities, guided by the judge from that division.
After the training the hope is that the judges will be deployed to their respective regions and stations fully acquitted with the tasks before them and can dispense justice diligently, impartially, fairly, without fear, favour or promise.
In attendance at the first day of the workshop were 17 judges (four female and thirteen male).
Dec 12, 2017 | News
Zimbabwe’s new government must urgently restore the rule of law and ensure free and fair elections, said the ICJ at the conclusion of a visit by its Secretary General Sam Zarifi to the country.
After the recent military intervention in Zimbabwe that led to the ouster of former President Robert Mugabe, the government headed by Emmerson Mnangagwa is expected to remain in office until new elections, currently scheduled to be held before August 2018.
“The change in leaders in Zimbabwe presents an opportunity to reverse decades of damage to the rule of law and respect for human rights in the country,” said Zarifi, ICJ’s Secretary General.
“As an immediate matter, the new government must take concrete steps that demonstrate it is committed to observing the country’s obligations under international law, as well as the human rights protections of Zimbabwe’s own constitution,” he added.
The ICJ calls on the government of Zimbabwe to:
- ensure free and fair elections are held as scheduled, and the country’s electoral laws comply with the Constitution and international standards;
- accelerate measures to ensure compliance of all relevant laws with the country’s constitution and its international legal obligations;
- ensure the independence of the judiciary and the legal system;
- ensure all those arrested and detained during the military intervention are identified and brought immediately before an independent and impartial tribunal, and, where charged with recognized crimes, are given fair trials;
- investigate all allegations of unlawful deaths, torture or ill-treatment, and arbitrary arrest and detention;
- ensure the military acts within strict legal bounds, operates under civilian control, and does not engage in arrest and detention of civilians;
- ensure all security forces, including the police and the military, are subject to accountability and receive proper and adequate training in performing their duties in conformity with international human rights standards; and
- provide credible mechanisms to combat corruption in all branches of government, and ensure that anti-corruption efforts are not politicized.
“Zimbabwe’s military has played a central role in the country’s affairs for decades, while civilian institutions have suffered under intense political pressure, at great cost to the people of the country,” Zarifi said.
“Zimbabwe should grasp this opportunity to demonstrate that it can and will strengthen the rule of law and respect for human rights in order to improve the lives of all people in the country.”
Contact
Arnold Tsunga, ICJ-Director: Africa Regional Programme, t: +27716405926, e: arnold.tsunga(a)icj.org
Nov 24, 2017 | News
As Zimbabwe prepares to swear in Emmerson Mnangagwa following the resignation of long time Zimbabwe President Robert Mugabe, the ICJ today called on the incoming authorities to immediately act to restore the rule of law and ensure the full observance of human rights in the country.
“As the events of the past few days propel Zimbabwe away from decades of authoritarian rule replete with human rights violations, the incoming administration must side with the people of Zimbabwe and seize this unique opportunity to ground its governance in the rule of law,” said Arnold Tsunga, Director of ICJ’s African Regional Programme.
The ICJ indicated that it is particularly concerned at the intrusion of armed forces in the political process and governance, which is prohibited by the Zimbabwean Constitution and contravenes core rule of law principles concerning the respective functions of the military and civilian authorities.
Emphasizing that the rule of law and respect for the national Constitution remain paramount even as Zimbabweans decide on their future, the ICJ called on the Zimbabwean National Army (ZNA) to refrain from any further activity that intrudes into functions of governances that are within the proper purview of civilian authorities.
“It amounts to setting a dangerous precedent for Zimbabwe and the region to allow or excuse such incursions at the whim of armed forces,” Tsunga added.
Under the African Charter on Democracy, Elections, and Governance adopted by African Union Member States, Zimbabwe is required to “institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order”.
The ICJ further expressed concern at emerging reports of usurpation of police duties by the ZNA, which has allegedly carried out a series of arbitrary arrests and detention of civilians.
“Due process guarantees and fair trial rights are particularly vulnerable when armed forces decide to assume police functions,” Tsunga said.
Recalling that international law does not allow or encourage impunity for serious human rights violations that constitute crimes, such as torture and extra-judicial killings, the ICJ stressed the importance of ensuring accountability for human rights violations as Zimbabwe transits to into a new era of governance.
Contact:
Arnold Tsunga, ICJ-Director Africa Regional Programme, t: +27716405926, or +254 746 608 859 ; e: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Advisor, ICJ Africa Regional Programme, t: +234 8034927549 ; e: Solomon.ebobrah(a)icj.org
