Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe On the land issue, using his presidential ownership of all communal land inherited from the colonial settler regime, Mugabe has four times issued SIs under the Communal Land Act to excise tens of thousands of hectares from nearly 50 communal lands, including 20 ha from his own home area of Zvimba, 97 ha from Semukwe, and 11 840 ha from Makoni, Manyika and Mutasa South communal lands. He has also used the Forests and National Parks and Wild Life Acts to alter boundaries, for equally unspecified reasons, of the Gwaai Forest Reserve and the Rhodes Nyanga National Park. Mugabe has been widely quoted in the press, ‘warn[ing] judges not to interfere [specifically with the Government’s determination to acquire land] as “this is a political and not a legal issue… The land issue is not for the courts. It seems the judges did not hear me clearly on this one… We will take the land in a political struggle. If the courts want compensation then they should go to Britain… If the technicalities continue to hamper the process, I together with Vice-Presidents … will do it on our own”.’1 ‘The courts can do whatever they want, but no judicial decision will stand in our way. My own position is that we should not even be defending our position in the courts. We cannot … brook interference or court impediment to the land acquisition programme’.2 Chenjerai Hunzvi reportedly told the High Court that the State President actually controlled those occupying the farms and that he himself was not in a position to ‘challenge’ the president. After two High Court rulings, Acting President Msika ordered the invaders to be removed. The State President cancelled this order on his return from abroad. As Minister of Home Affairs, Dumiso Dabengwa’s instructions to the farm invaders to vacate were ignored and countermanded by Mugabe. Dabengwa publicly washed his hands of responsibility. Even one of the President’s strong supporters was quoted as saying ‘The President has seriously undermined the rule of law’.3 The Land Acquisition Amendment Act (LAAA) was originally passed, after the fourth Parliament had been prorogued, by Robert Mugabe using his Presidential Powers (Temporary Measures) Act. The Commercial Farmers’ Union sought to have the Presidential Powers (Temporary Measures) Act itself struck down as unconstitutional before the LAAA passed through Parliament, but later withdrew its court action. The constitutionality of the PP(TM)A revolves around whether or not Parliament breached its own constitution role of law-making in devolving such powers to the executive president. The prerogative of mercy is another area in which Robert Mugabe has bent the law to his own purposes. He has exercised clemency five times since becoming executive President in 1987 (see Table 3.2), though a General Notice does not appear to have been gazetted for the last, in 2001. 1 The Sunday Mail 28.1.01. The Financial Gazette 14.12.00; Zimbabwe Independent 15.12.00. 3 The Financial Gazette 16.3.00. 2 21