Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe Commercial Farmers’ Union, the Daily News, the Catholic Commission for Justice and Peace in Zimbabwe, a Methodist congregation, and many individuals. A delegation of human rights activists and victims of the amnestied abusers protested in person to the Geneva office of the UN High Commission for Human Rights. The MDC interpreted it as ‘an admission that acts of violence, intimidation, murder, rape, etcetera took place ... that there was and still there is a breakdown of law and order’.1 On 8 December 2000, a week before the Zanu-PF congress but after the legal process had begun, President Mugabe attempted to cancel, under the Electoral Act s158,2 all the MDC’s legal challenges to the June 2000 election results. His action was described by Sternford Moyo, President of the Law Society of Zimbabwe, as ‘a surprising and blatant disdain for the fundamental principles of natural justice’.3 ZimRights chided the executive publicly for not upholding the rule of law. The MDC entered an urgent plea to the Supreme Court to have SI 318/2000 declared unconstitutional. The State defended the President’s statutory instrument. The Supreme Court ruled he had acted unconstitutionally and the challenges went ahead. A week later, the Chief Justice, who like other judges is ‘appointed by the Sate President after consultation with the Judicial Service Commission’,4 was forced into early retirement. Supreme Court judges were harassed. Among the various ways in which the executive, including the State President, has abrogated the rule of law, is by failing to act against administrative, financial and political corruption. Greater accountability in the use of public funds was encouraged by Justice Chinhengo, who dismissed the Chief Immigration Officer’s claim for defamation damages on the grounds that the public has an interest in and right to know about ‘goings-on in a department funded from public coffers’.5 On the first day of his trial, in pleading not guilty to corruption charges which he was later required to defend, former minister Kumbirai Kangai reportedly told Justice Hungwe that his actions had the approval of President Mugabe and the Cabinet.6 Joyce Mujuru told Parliament that her flouting of normal tender procedures for a DDF contract which prejudiced the State of approximately US$1 million had Cabinet authorisation which rendered Tender Board approval irrelevant, and that the contract had been signed by ‘the Head of State’ and finance ministry officials.7 It has frequently been alleged that corruption cannot flourish to the extent it has in Zimbabwe without at least tacit approval from the top. In this respect, it is important to note that the Central Intelligence Agency is located in the Office of the President and Cabinet. This Office draws its funds – over Z$1,6 billion in 2001 - from the Consolidated Revenue Fund (CRF). However, in apparent contradiction of Constitutional safeguards governing the uses and accounting for use of funds from the CRF, these funds are exempt from audit by the Comptroller and Auditor-General. Parliamentary Debates 27,23:2336. SI 318/2000, Electoral Act (Modification) (No 3) Notice 2000 (Regulations) again used avoided advance Parliamentary scrutiny, although it was not issued under the Presidential Powers (Temporary Measures) Act. 3 The Daily News 12.12.00. 4 Constitution of Zimbabwee, s84(1). 5 The Herald 9.2.01. 6 The Daily News 23.5.01. 7 Parliamentary Debates 27,67:7034-7135. 1 2 23