The purpose of that book and of all the subsequent Dube books was to show that without an independent judiciary and an impartial police force to carry out court orders and implement the law fairly, the democratic process becomes meaningless.
Ten years later, my view has not changed. Despite the existence of a Government of National Unity, there are few signs that either the police or the judiciary have become de-politicised. Both bodies continue in their blind, unswerving allegiance to one man and one party to the detriment of the citizenry as a whole. It is painful to acknowledge that Mugabes partner in the GNU has remained virtually silent on this vital subject. The MDC may now be in power but what is very obvious is that they remain without real power to implement change. That does not explain why the MDC cannot lift their combined voices to condemn unequivocally the failure by the police and the courts to protect Zimbabwean citizens from violence by lawless gangs and individuals who are often actively supported by the police and military.
How is it, that in an allegedly democratic and law-abiding country a man can stand up and claim at a public meeting, as a certain Mutstangwa did this week, that only he had the right to kill in the name of Zanu PF? Such a statement should have been followed by immediate police action and the arrest of the man as a threat to public safety but, this is Zimbabwe and no action is taken against Mutsvangwa. Similarly, in another part of the country, one Goodson Nguni threatens outright war if the land audit goes ahead. Once again, the police do nothing. In my own part of the country a certain high-ranking airforce officer tells the villagers that if they dont opt for the Kariba draft they will suffer terrible consequences. The senior airforce officer wants the villagers gathered at Corner Store, half-way between Murehwa and Mutoko – and the scene of horrific violence in earlier elections – to make sure they opt for the Kariba draft – or else! He wants the Kariba draft to be implemented in full because that will ensure another two five year terms for Robert Mugabe. In Harare gangs of Zanu PF youths take over complete control of the main bus terminus and an MDC controlled Council says perhaps the only thing to do is negotiate with these young thugs! As for the rule of law, the police say they can do nothing because they have had no complaints from the public! On former white-owned farms the nightmare of lawlessness and violence continues; the beleagured farmers are taken to court and told they have 24 hrs to vacate state land or they will go to prison for two years. The farmers are further fined $800 each and refused the right to appeal by the magistrate who is so incensed when he receives a High Court Order allowing the men to remain on their farms that he ignores the Order and the police immediately arrest two of the men who are now serving their two year sentences.
But it is the continuing farce of Roy Bennetts trial that best illustrates the way in which the judiciary and the Attorney General himself have become utterly compromised by their political allegiance. The AGs decision to have Peter Hitchman declared a hostile witness was, unsurprisingly, granted – after a long delay – by the court and that allowed Tomana to cross examine the arms dealer as hostile witness. It isnt going too well for the AG though. Nothing Hitchman has said has implicated Roy Bennett and now we have another delay, three days this time, while the judge decides whether evidence taken from a laptop by CIO operatives without independent corroboration can be admitted in evidence. Why it should take the learned judge three days to decide this matter is open to question. Perhaps he needs three days to consult his political masters? In another court, another Judge rejects the SADC Tribunals ruling that Zimbabwes land seizures are illegal claiming that the SADC ruling is contrary to the laws of Zimbabwe and that to reverse the land reform programme would not serve the greater public good though which public he is talking about is not clear since the majority of the invaded farms are in the hands of judges, top military men, senior policemen and politicians not excluding the top family. The Minister of Justice Patrick Chinamasa had already condemned the SADC ruling saying Zimbabwe would not obey it. Was it just coincidence that another learned judge was following the party line as enunciated by Zanu PF functionaries?
In the midst of all this, Morgan Tsvangirai is in Switzerland for the 2010 World Economic Summit. The BBC this morning reported that Tsvangirai had told a group of reporters that he thought there was some room for a partial lifting of sanctions. Any sensible person must accept that all wars end with the parties sitting down together to hammer out a solution but surely this is going too far? Why in heavens name does the MDC not respond to Zanu PFs demands for the lifting of sanctions with an equally strong demand of their own: Restore the rule of law, stop the violent farm invasions and immediately cease the persecution of Zimbabwean citizens whose only crime is the colour of their skin. With every white farmer kicked off his land thousands of black farm workers also lose their jobs and homes; if the MDC cannot at least speak out strongly on behalf of the poorest and most dispossessed in the land, then one has to wonder whose side they are really on.
Yours in the (continuing) struggle PH. aka Pauline Henson author of Case Closed published in Zimbabwe by Mambo Press, Going Home and Countdown, political detective stories set in Zimbabwe and available from lulu.com
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