Zimbabwe justice system needs complete overhaul: Majome

police_-_riot.jpgPOLICE beating people for taking part in anti-Mugabe protest
HARARE - Zimbabwe's justice system needs a complete overhaul to restore its credibility, the country's new Deputy Minister of Justice has said.


Mainstream Movement for Democratic Change (MDC) party’s Jessie Majome,
said she would work towards a rebirth of the Zimbabwe's once respected
justice system.

"We cannot talk of justice in Zimbabwe at the moment, said Majome on
the sidelines of the inauguration ceremony of Tsvangirai and his two
deputy prime ministers at State House on Wednesday.

There will be need for a complete overhaul. There is no stationery in
the courts, there is nothing. It's a big task which will call for
serious work."

A lawyer by profession, Majome said she was aware of the enormity of the task that lay ahead and was ready for the challenge.

"It’s an honour and I feel I am up to the challenge. It would not be
easy but the MDC has walked a long road. The MDC knows the intricacies
of how the Zimbabwe justice system has not worked," said Majome.

Last month the MDC said if it wins power it would reform the country's
judiciary that has been blighted by numerous incidents of state
interference and inducements.

Zimbabwe's bench – purged of independent judges by President Robert
Mugabe – is often accused by human rights lawyers of lacking courage to
defend the rights of citizens against a government that has relied on
brutal force to keep dissension in check in the face of a worsening
economic and humanitarian crisis.

In a speech marking the beginning of the new legal year, Judge
President Rita Makarau threatened to take unspecified action against
some lawyers she did not name for daring to criticise the judiciary for
its alleged lack of independence.

The failure by the judiciary in past years to clamp down on political
violence and human rights abuses mostly perpetrated by ruling ZANU PF
party militia and state security agents has fed perceptions the bench
lacks both courage and independence.

Lately, failure by the courts to compel police to release Mukoko and
dozens of opposition activists to hospital so they could get treatment
after they were tortured while in custody only helped to entrench the
view that the bench is timid and malleable.

Several of the country’s respected judges have been forced out of the
country after handing judgments that were not favourable to the state,
especially in cases of a political nature and the controversial land
reform programme.

A government of national unity is expected to start work this week
after the inauguration of Tsvangirai as Prime Minister yesterday while
ministers will be sworn in on Friday.

Mugabe will head the unity government while another opposition leader
Arthur Mutambara and Tsvangirai's deputy in the MDC, Thokozani Khupe
will be deputy prime ministers. – ZimOnline

UN rights chief urges new Zimbabwean government to restore rule of law

GENEVA – The UN High Commissioner for Human Rights Navi Pillay said
Thursday she hoped the establishment of Zimbabwe’s new Government of
National Unity would result in an immediate effort to restore the rule
of law, and expressed continuing concern over the disappearance of
opposition officials, the reported use of torture to extract false
confessions and infringements of the independence of the judiciary.

The long drawn-out process to reach a political settlement was marked
by the perpetration of serious human rights violations and caused
untold damage to the rule of law in Zimbabwe, Pillay said. All eyes
will be on this new government to see if it can undo that damage.

The pattern of enforced disappearances and unlawful arrests in recent
months — for which the government has acknowledged some responsibility
— spread fear among opposition officials and their supporters as well
as human rights activists and the independent media, Pillay said,
adding that in cases where the accused were later produced in court,
the police often failed to respect or enforce court orders.

The High Commissioner noted that in the cases of the well-known human
rights activist Jestina Mukoko and journalist Shadreck Anderson
Manyere, as well as those of members of the opposition, undue pressure
had been put on the judiciary to keep them in custody. This is a
serious infringement on the independence of the judiciary, she said,
and it is particularly disturbing in cases where the courts had
already ordered medical examinations and treatment for people who
reported they had been tortured.  

Pillay also expressed concern over the politicization of the police and
their failure to undertake credible investigations and arrests of
individuals alleged to have committed serious human rights violations
during the election violence in June and July. These include hundreds
of cases of alleged summary executions, torture and sexual violence,
including rape, the great majority of which are believed to have been
carried out by supporters of Zanu-PF.  The Government of Zimbabwe has
the primary responsibility to see that justice is done for these
victims, Pillay said

She called upon the new government to meet its obligations under
international law, including the prohibition of torture and respect for
the independence of the judiciary.  It is vital that international
attention is focused on preventing future violations in the country by
ensuring that human rights defenders and independent media are able to
carry out their work without being harmed, arrested or harassed,
Pillay said. I call for the immediate release of all those people
currently still being held in unlawful custody.

The High Commissioner revealed she had made repeated requests to the
Government for a visit to Zimbabwe, and said she had received positive
signals during recent meetings with top Government officials attending
last week’s African Union summit in Addis Ababa. However, she is still
waiting official confirmation that such a visit can go ahead. – UN
Press release

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