5.3.3
The prosecution service
The Attorney-General and officers in the Attorney-General’s office have been subjected to
political influence and pressure by members of the ruling party. As an ex officio but nonvoting member of Cabinet the Attorney-General is vulnerable to pressure by fellow members
of Cabinet. In recent years there has been a widespread perception that decisions whether to
institute prosecutions have been taken on a political basis, with prosecutions often not being
pursued against supporters of the ruling party. This has added to the public feeling that there
is selective justice in Zimbabwe.
Prosecutors have come under enormous pressure to act in a politically partisan fashion,
especially in smaller, rural based courts. They have been verbally abused and, in some cases,
have even been physically threatened or attacked if they attempted to bring prosecutions
against ruling party supporters. More recently, a prosecutor who had sought to charge
Joseph Mwale (a ZANU (PF) supporter, member of the police and apparently state security
operative) in accordance with a long standing High Court order for the murder of an MDC
official, is now facing prosecution himself. The charges against this prosecutor are extremely
suspect given their timing and the sequence of events which led up to them.
Furthermore, in many instances, the constitutional power of the Attorney-General’s Office is
completely negated by the refusal of the Zimbabwe Republic Police to follow instructions and
make arrests.
5.3.4
The judiciary
The Zimbabwean Government maintains that it was obliged to reconstitute the judiciary to rid
it of colonial, reactionary elements that were obstructing reforms aimed at advancing the
rights of the black majority, especially its “programme” of land redistribution. The new
judicial officers, it said, would be sympathetic to reform programmes and would facilitate
rather than obstruct their implementation. In actuality, the Government’s main aim was to remould the judicial system into a pliant instrument of State power that would not stand in the
way of the government’s drastic curtailment of organised political opposition and clamp down
on criticism and dissent.
The independence of the judiciary has been severely compromised as a result. The Mugabe
administration and the “war veterans” waged a vitriolic and physically threatening campaign
to get rid of judges who were perceived as being likely to pass judgments adverse to
governmental objectives. They forced the early retirement of Chief Justice Gubbay and plied
pressure on other judges to resign. President Mugabe then proceeded to appoint new judges,
all of whom had close connections to the ruling party and most of whom received farms at
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