Zimbabwe Human Rights NGO Forum Special Report
Enforcing the Rule of Law in Zimbabwe
York’s house’ after the looting on Cotswold Farm. Muwadzuri was reported to have ‘personally
screened settlers and war veterans for release from arrest’. Together with striking labour leaders,
journalists have repeatedly been charged under these and other provisions of the Law and Order
(Maintenance) Act (LOMA).
The promotion of 419 police, over 300 of whom were war veterans and some allegedly
incompetent, reportedly provoked disaffection within the ZRP. Their promotion was seen by
some as unearned and a form of political discrimination which disadvantaged ‘professional’
police thought to be ‘sympathetic’ to opposition parties. Over 300 ZRP personnel were
transferred in the first half of 2000, thought in many cases to be related to their professionalism
and desire to see the law upheld in respect of the farm invasions. In a number of individual cases,
their transfer was required by war veterans. Some high-ranking officers resigned, citing their
wish not to impair their professionalism by remaining in a politicised force.1
Police corruption has been frequently reported. In the first half of 2000, the Zimbabwe Republic
Police suspended numerous officers (55 in Harare alone) for corruption and incompetence. More
police corruption was prosecuted under the Prevention of Corruption Act, especially for
demanding bribes from motorists, many cases of which were reported, and theft of property from
suspects under investigation. In a quiet Saturday hearing, four policemen2 were bailed for Z$2
500 each on bribery charges relating to extortion from companies by ‘war veterans’. However, in
a number of ‘sting’ operations, suspects (usually on theft charges) have been prosecuted for
attempting to bribe the police. Apparently no police officers have been censured for using any
form of unacceptable violence, or failing to prevent others from using violence.
The Attorney-General’s Office
Granted that lawyers can argue whatever points they deem relevant to their clients’ cases,
argument by the Attorney-General’s Office that the objective of the Law and Order
(Maintenance) Act (LOMA) was ‘to preserve democracy’ seems simply obscene. This Act, first
passed in 1960, was used to imprison the majority of Zimbabwe’s current ruling politicians,
including President Mugabe. (Its full text can be scrutinised in Appendix 2.)
The last three Attorneys-General have been Godfrey Chidyausiku (now Chief Justice), Patrick
Chinamasa (now Minister of Justice, Legal and Parliamentary Affairs3), and Andrew Chigovera
(the current incumbent).
Political pressure reportedly caused the Attorney-General’s Office under Patrick Chinamasa to
close investigations into the claims against the War Victims’ Compensation Fund (WVCF) by
Johanna Nkomo (widow of the deceased Vice-President), Joyce Mujuru (who was reappointed
Minister of Rural Resources and Water Development) and Reward Marufu, brother-in-law of the
State President. After the Government was reported to have abandoned its investigations into the
looting of the WVCF, Justice Smith reiterated concern that nothing was being done to punish
1
The Daily News 20.3.01, 11.4.01.
They were named as: Edmore Chiza, Fungai Mupondiwa, Proud Chizivano and Lazarus Mukwenya (The Herald
20.6.01).
3
Pius Wakatama referred to ‘the Minister of Injustice, Illegal and Unparliamentary Affairs’ (The Daily News
25.8.01).
2
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