Nov 28, 2015 | News
The ICJ co-hosted the Joint Zimbabwe Judicial-Legal Practitioners Colloquium in Zimbabwe. The meeting was held in conjunction with the Law Society of Zimbabwe (LSZ) and the Judicial Services Commission (JSC) of Zimbabwe.
The meeting took place on 27 – 28 November 2015 under the theme “Access to Justice: Barriers and Solutions (A Bar-Bench Dialogue)”.
This year it congregated 30 legal practitioners and 60 Judges who sought to have an honest discussion on the challenges that affect access to justice in Zimbabwe in an attempt to seek practical solutions to these challenges for greater access.
The Chief Justice Godfrey Chidyausiku, and the President of the Law Society Mrs Vimbai Nyemba, in their opening remarks both highlighted the importance of this dialogue platform to justice delivery in Zimbabwe.
They both noted how the colloquium has over the years contributed towards the construction of bridges between the bar and the bench and the doing away of hostilities for the betterment of Justice delivery.
Oct 4, 2015 | News
With support from the European Union (EU) and ICJ, the National Prosecuting Authority (NPA) held the first of two training of trainers in Bulawayo from 2-4 October 2015.
The training focused on regulations, code of ethics and prosecutorial guidelines and was attended by 50 senior prosecutors, senior law officers and office directors in attendance.
The participants are expected to then roll out the training at their various stations to cover the entire 500 women and men strong team of prosecutors.
Prior to adoption of the 2013 Constitution, prosecutors were supervised by the Attorney General under the Ministry of Justice.
Issues in respect of conduct, discipline, appointment, performance appraisal and other related conditions of service were dealt with through the line ministry and civil service commission.
The passage of the Constitution and the enactment of the NPA Act introduced the office of the Prosecutor General equally tasked with regulating the conduct of its staff through the NPA Board or any other delegated authority within the NPA.
The regulations and code of ethics were gazetted on 7 August 2015.
The code of ethics provides for the independence, integrity, propriety, impartiality, political engagement, competence and diligence of prosecutors in Zimbabwe.
The Prosecutor General also developed prosecutorial guidelines as mandated by the Constitution and the NPA Act on the institution of and conducting of criminal proceedings.
The objectives of the training were to equip senior officials with skills to conduct trainings for middle and lower officers to ensure greater compliance with the requirements of the new constitution of Zimbabwe; to familiarize senior officials on the regulations and code of conduct to ensure greater compliance with the requirements of the new constitution of Zimbabwe and to familiarize and train senior officials on the application of prosecutorial guidelines consistent with the requirements of the new constitution of Zimbabwe.
Following the completion of the trainings, the ICJ and NPA will conduct routine and random visits to different stations for purposes of observing the implementation, roll out of trainings and spot checks.
Remote support will also be provided in terms of statutes, such as the NPA Act, the regulations and code of ethics.
Further work is being explored to produce an updated prosecutor’s handbook that covers issues of prosecutorial conduct, ethics and guidelines.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Aug 2, 2015 | News
From 31 July to 2 August 2015 the ICJ supported a training and induction workshop for the Zimbabwe National Prosecuting Authority (NPA) in Harare, with over 200 participants.
The public prosecutors came from the Eastern Division comprising of Midlands, Manicaland and Masvingo provinces.
The objective of the training and induction workshop was to appraise the prosecutors of the changes brought about by the Constitution, international and regional standards in the conducting of prosecutorial duties, their independence and accountability.
The presentations also focused on the Criminal Procedure and Evidence Act as the main guiding framework for public prosecutors which has been significantly altered with the assumption of a new Constitution in respect of fair trial rights.
The NPA and the public prosecutors required a platform to collectively familiarize themselves with the changes and conducting of their duties guided by national, international and regional standards.
For purposes of infusing best regional and international practices, presentations included international principles and standards for prosecutors under United Nations Basic Principles on the Role of Prosecutors; the Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa; the relationship of the NPA and other arms such as the Judicial Service Commission and the Police.
An array of resources persons were invited and included Justice Chinembiri Bhunu, from the Judicial Service Commission, Virginia Mabiza, Permanent Secretary Ministry of Justice Legal and Parliamentary Affairs, Andrew Chigovera, former Attorney General of Zimbabwe, former Commissioner on the African Commission on Human and Peoples Rights and Dr. Tarisai Mutangi, law lecturer Midlands State University.
As a new establishment under the Constitution, the NPA explored the available and needed continuous professional development for prosecutors to fully equip them for their mandate.
The Principal of the Judicial College of Zimbabwe (a partner of the ICJ), Mr. Shana, presented on the opportunities for continuous professional development for prosecutors for acquaintance with new legal developments.
The training follows additional support that ICJ made to the National Prosecuting Authority (NPA) under a European Union (EU) funded agreement to develop a strategic plan for the NPA in respect of which a strategic planning workshop was held from 6 to 8 July 2015,
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Jul 8, 2015 | News
The National Prosecuting Authority (NPA) of Zimbabwe convened its first strategic planning workshop with technical support from the ICJ, under recently launched European Union (EU) funded project to contribute to an improvement in administration of justice in Zimbabwe.
The strategic planning workshop took place in Harare from 6 to 8 July 2015.
The NPA is established under section 259 of the 2013 Constitution as a separate, independent and accountable institution responsible for instituting and undertaking criminal prosecutions on behalf of the State, promoting a just and fair system for all persons approaching the courts and protecting the rights of the arrested and detained persons as provided for by the Constitution.
The strategic plan will allow the NPA to set its vision, objectives and including stakeholders’ expectations as guided by the Constitution and the National Prosecuting Authority Act for the next 5 years.
The NPA held this strategic plan as its first ever strategic stakeholder’s engagement since its establishment under the Constitution in May 2013.
To validate and ground the strategic plan and outputs, the NPA invited civil society organizations, law based institutions, human rights advocates, women lawyers associations, legal aid institutions, the Parliament Thematic and Standing Committee representatives, law enforcement agencies, and law professors, among others.
The Judicial Service Commission and Law Society of Zimbabwe, ICJ’s partners in EU funded project on improvement in the administration of justice, also attended the NPA strategic planning session.
The strategic plan will inform further interventions and activities for strengthening the observance of the rule of law, fair trial and access to justice by the NPA with support from ICJ’s EU funded project.
Once developed and adopted, the strategic plan will further open opportunities for other technical partnerships and funding opportunities for the NPA.
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Jun 24, 2015 | News
The workshop took place from 22-24 June in Victoria Falls and had a special focus on children’s rights as a particularly vulnerable group.
Its primary objective was to create a pool of jurists and activists with the knowledge and ability to undertake strategic litigation before national or regional courts in the interest of victims of human rights abuse by business enterprises in the Southern/Eastern Africa region.
To this end the meeting brought together legal practitioners and Human Rights Defenders involved in human rights legal accountability of business enterprises.
This workshop gathered together a selected group of human rights advocates from Malawi, Zambia, Botswana, Zimbabwe, Uganda, Kenya and Tanzania working on cases relating to business’ human rights abuse.
In East and Southern African countries mining represents a significant part of the national economies and annual GDP.
Tanzania, Malawi, Zambia, South Africa, Botswana and Mozambique have seen the inflowing investments grow in recent years, but it is not clear that this trend has meant improvements in the realization of human rights, especially economic and social rights.
Child labour is endemic, and its occurrence in tobacco plantations subject children to additional hazards to their health and wellbeing.
Mining and oil exploration creates problems to local communities who are not properly consulted or benefit from the activity and usually bear the brunt of environmental degradation and pollution associated with those extractive industries.
Business enterprises are in many instances complicit with State’s violations of human rights.
The meeting also sought to provide legal and other tools to community representatives and litigators who want to start strategic litigation in the public interest.
This flows from the realisation that effective remedy and reparation for victims of business human rights abuses, especially in a transnational context, remains elusive as ever and confronts a series of legal and procedural obstacles.
Access to effective remedy and justice is a priority objective in the context of work relating to the human rights responsibilities of business enterprises.
