She added that the corruption subject needed no overemphasis, having infested the whole system; from judges and magistrates to junior clerks at the courts, the police and the prison services.
“The legal profession finds itself under immense pressure to dance to the tune or find itself out of the picture altogether. In most cases if the lawyer refuses to be corrupt, his or her clients suffer the consequences,” said Muzah, who endured the pain of seeing her clients suffer as a result.
“The widespread corruption made me feel powerless to protect my clients, so it went to the very root of my calling as a lawyer. It does not make sense for ordinary people to pay their lawyers, yet still fall prey to the corrupt officials. Corruption was so widespread that it was regarded by many as the norm.”
While the rot in the system forced Muzah to pack her bags and leave, political duress perpetrated by President Robert Mugabe’s Zanu (PF) party also played a key role.
“The onslaught against human rights defenders and lawyers made us lawyers feel small and insignificant in the eyes of our government. We felt threatened in our personal and professional wellbeing because so many of us were tortured, beaten and harassed by the state agents. Some lawyers were actually killed either for dissenting or doing their professional duties, which were viewed as opposition linked. Judges like Justices Paradza, Majuru, Chinhengo and Blackie were forced into exile, while pro-Zanu (PF) Judges rose to prominence. I did my best because I love my country, but there was simply no way for me to live with a clear conscience as a lawyer in Zimbabwe,” she said.
Muzah’s professional rough patch was exacerbated by her decision to represent white commercial farmers whose land was being compulsorily acquired between 2003 and 2006. A Zanu (PF)-dominated Parliament literally sat through the night in 2004 to remove all previously prescribed criteria for identification of land to be forcibly acquired.
“At the time everyone agreed that there was need for land re-distribution in the country but it ought to have been done with due regard to human and civil rights and through proper legal and administrative processes.
“The senior judge at the Administrative Court, where these cases were heard, was an ex-combatant. It was a court of a biased judge, using a biased law. It was distressing because as a lawyer you want to know that there is a law and that it is actually adhered to, otherwise your very own existence makes no sense,” said the Masvingo-born attorney.
Having been hounded to SA, she faced huge challenges in getting the necessary documents to practise as a lawyer. She believes God did a miracle in leading her to apply for ministerial exemption from the requirements of the Immigration Act for permanent residence, in terms of section 31(2)(b) of the Act.
“I had never seen this section despite all my diligent searches in the Act, so I believe that it was only God who pointed this out. I was licensed to open the legal practice, Muzah Attorneys, in December 2010,” she said.
She advised fellow lawyers to rather live with a clear conscience than to “prostitute yourself” for whatever reason, be it gain or fear.
“Always do what you know is right. I understand that the environment is very tough in Zimbabwe but I wish many of us would keep on fighting. However, you cannot win if you are dead, so if you become a target, better come out. That is why I eventually left. I fought a good fight until I sensed that my time was up. I think that we must give as much as we can to our country.”
And being a woman in the field?
“My personal philosophy is that as a woman I am not limited in my intellectual or professional capacity as compared to my male counterparts. I approach my life and work on that basis. This does not mean that my eyes are closed to the pre-judgmental attitudes and sentiments of some colleagues or clients who think male is better than female. But I feel sorry for them rather than myself so I always try within the limits of time and professional etiquette to educate them.”
Post published in: Africa News