International lawyers condemn Mugabe intimidation of judiciary

Mugabe on March 6 declared that no court must entertain a court application made by former party heavyweights against the Zanu (PF) December congress, saying he would question the qualifications of magistrates or judges who chose to preside over the matter.

Former secretary for administration, Didymus Mutasa, and ex-party spokesperson, Rugare Gumbo had filed their case at the constitutional court, also contesting their dismissal from Zanu (PF), on March 3.

‘The International Bar Association’s Human Rights Institute would like to remind President Mugabe that the Zimbabwe Constitution gives the courts unqualified jurisdiction over all civil and criminal matters throughout Zimbabwe, including those relating to Zanu (PF).

“Further, we emphasise his domestic obligation to ‘assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness” as contained in the Zimbabwe Constitution and also to adhere to regional and international standards of an independent judiciary,’ IBAHRI co-chair, Baroness Helena Kennedy, said.

Mutasa and Gumbo have already alleged that they faced difficulties in securing legal representation because of intimidation from Zanu (PF).

The failure to immediately get lawyers delayed the launch of their court application.

Mutasa and Gumbo are arguing that the December 2014 congress was unconstitutional and its results must be nullified.

‘It is extremely concerning that Mr Mugabe, who holds the position of Chair of the African Union, would seek to prejudice judicial matters in Zimbabwe and create an environment where judges there operate in a state of intimidation.

“Mr Mugabe should understand that no matter falls outside the ambit of the judiciary, and that the continued undermining of the independence of the judiciary is unacceptable, particularly when his chairmanship includes the obligation of upholding The African Charter on Human and People’s Rights, and he should be guaranteeing the independence of the courts,’ IBA Executive Director, Mark Ellis, said.