demonstrates that when national laws or the constitution are not seen as convenient to the interests
of the Inclusive Government they agree to ignore them.
While the outstanding issues seem to have stalled on the appointment of three major political players
– Gideon Gono as Governor of the Reserve Bank, Johannes Tomana as Attorney General, both of
whom were appointed unilaterally by the President; and the latter’s refusal to swear in Roy Bennett
as MDC-T Deputy Minister of Agriculture (in contravention of Article XX of the GPA) – there are
several other appointments that were made unilaterally by the President, with the intention of
concentrating critical machinery in the hands of ZANU-PF and further weakening cooperation in the
fragile alliance.
The appointment of 10 provincial governors remained ZANU-PF’s advantage at the start of the IG,
with MDC conceding they would wait for the equitable division of governorships until last August, the
deadline has now long since past and the appointments are only due reportedly, at the end of August.46
This has meant that ZANU-PF continues to hold a majority in the Senate (Zanu-PF 56; MDC-T 27;
MDC-M 8), and due to various convictions -awaiting appeal- of MDC-T legislators, the current strengths
in the House of Assembly are almost equal (Zanu-PF 96; MDC-T 96; MDC-M 7)47.
Then there was the President’s surprise allocation of powers to Ministries controlled by members of
his own party from where they should rightfully have remained within MDC Ministries, including
significant control over the electoral machinery. Further, in May, the President appointed Justice
(Brigadier-General) George Chiweshe as Judge President of the High Court, replacing the perhaps
outspoken Justice Rita Makarau. This “key” appointment, as well as of three other new judges, was
done without any consultation of the GPA partners, a move sure to increase the tensions between the
parties. When it is noted that it was Chiweshe himself who presided over the astounding delay in
releasing the March 2008 Presidential election results, as chairman of ZEC, it becomes abundantly
clear that power is being concentrated in strategic areas by ZANU-PF by the appointment of party
loyalists; to the point where it will be ZANU-PF who control the machinery in future elections. The
fact that these appointments are all in defiance of the GPA provisions is most often countered by the
MDC with ‘shock’ and perhaps a letter.
There has been no improvement, and quite possibly a further decline, in the rule of law since the
signing of the GPA, according to a recent study done by the Bar Human Rights Committee.48 Significant
concerns remain with regard to all aspects of the justice delivery system and the rule of law in
Zimbabwe. While the Judicial Service Act is welcomed, and may improve the independence of the
Magistracy from the Executive, as a whole the Bench suffers from a lack of independence; with the
fact that many judges are the particular beneficiaries of land, cars and other goods as an external
sign of their state patronage. Those who have delivered judgments unpalatable to ZANU-PF have
sometimes been threatened, intimidated or even prosecuted. The Attorney- General’s Office has
stepped up its harassment of perceived opponents, including members of the legal profession,
legislators, civics, journalists, students and MDC supporters, with a litany of absurd charges and the
Veritas, Bill Watch 11/2010, 22 March 2010.
46
Veritas, Bill Watch 30/2010, 31 July 2010.
47
Bar Human Rights Committee, A place in the sun: A report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September 2008,
48
June 29 2010.
CIVIL SOCIETY MONITORING MECHANISM (CISOMM)
SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE
46
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