Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe those responsible. However, Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa noted, in answering a question in Parliament, that 21 dockets had been completed and investigations were continuing. Political interference at ministerial level was also suspected in the aborted prosecutions of Nkomo’s son-in-law, Francis Nhema,1 on three fraud charges and Faber Chadirike (former mayor of Chinhoyi) on four murder charges. Poor investigation by the ZRP reportedly produced insufficient evidence to prosecute on three of the four charges against Chidarikire. Andrew Ndhlovu, ZNLWVA projects secretary and allegedly a former dissident, and later Edmore Hwarare, threatened war if Zanu-PF lost the general election. After the Minister of Home Affairs declined to do so, the Front for Democracy in Zimbabwe (FODEZI) petitioned AttorneyGeneral Patrick Chinamasa to prosecute him for treason; sedition; and under both the Law and Order (Maintenance) Act (s27) and Electoral Acts (s103-105). As far as we are aware, no such prosecution was undertaken. However, Ndlovu was reported to be facing a charge of incest. 2 As Attorney-General, Patrick Chinamasa appealed after the court deadline over the land issue. The legal profession condemned this action by the top-ranking lawyer in the Public Service. However, two members of his staff also resigned in protest at the refusal of the State executive to heed its own legal advisors. MDC MP David Coltart (Bulawayo South), on 22 August 2001 in Parliament accused the current Attorney-General, Andrew Chigovera, of selectively administering justice. He reportedly3 called for Chigovera’s resignation for prosecuting senior MDC officials while ignoring similar, indeed much worse offences by senior Zanu-PF officials. ‘The AG should be called upon to resign for failing to prosecute without fear or favour, and according to the Constitution, he must not be subject to control or direction by any person.’ The Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa, reportedly4 confirmed to Parliament that the Attorney-General is solely responsible for the decision not to prosecute the two known killers, Mwale (of the CIO) and Zimunya, of MDC activists Chiminya and Mabika, notwithstanding Justice Devittie’s referral to him of the court evidence. The Broadcasting Services Act (3/2001, Cap 2:06) came into effect on 4 April 2001, after Attorney-General Andrew Chigovera had repeatedly told Parliament that, in his opinion, all but one of the impingements on freedom of expression rejected by the Parliamentary Legal Committee actually fall under constitutional saving clauses and are ‘justifiable in a democratic society’.5 The police were reported to be concerned about corruption among public prosecutors. One, Casper Merinyo, was jailed for four years (two being conditionally suspended) after being convicted of soliciting a bribe of Z$50 000 to drop charges against two accused. Some 50 criminal dockets reportedly missing from the Harare Magistrate’s court were explained by the Chief Magistrate as mis-filing. Parliament’s portfolio committee on justice, legal and 1 Later appointed Minister of the Environment and Tourism. Having allegedly fathered a child with his daughter (The Standard 9.9.01). 3 The Daily News 23.8.01. 4 The Daily News 30.8.01. 5 Parliamentary Debates 27,52:5436-50; 27,60:6261-2. 2 36