ratified by the Zimbabwean government shall form a part of the local laws unless parliament
passes a law making the agreement part of the laws of Zimbabwe.
What this means is that while government is signatory to international treaties and protocols like
SADC Principles and Guidelines Governing Democratic Elections (2004), Principles for Election
Management, Monitoring and Observation (2003), SADC-PF Norms and Standards for Elections in
SADC (2001), African Charter on Human and People’s Rights, the Convention on the Elimination
of all Forms of Discrimination Against Women (CEDAW) and all other international and regional
instruments, there are no local statutory instruments in place, in the country, to ensure that the
contents of the various regional and international documents are enforced.
What is happening is that government, through a partisan parliament, and through executive
powers vested in the president by the constitution, is enacting laws and other statutory instruments,
that curtail the freedoms availed by the various regional and international instruments. Of serious
concern today is the Zimbabwean constitution. While it vaguely or rather casually guarantees the
freedoms of expression and association, the twin tenets of democracy, it allows for the Executive
and his highly partisan parliament, to pass laws that restrict or virtually nullify the freedoms
guaranteed by the constitution.
Of particular concern are the two Acts I have mentioned earlier on, POSA and AIPPA. POSA
makes it illegal for more than five people to be gathered and interact without prior police clearance.
It outlaws political gatherings that have not been sanctioned by the police. To make matters worse,
under the same Act, political rallies could be banned, as was the case in Harare and the satellite
town of Chitungwiza during the beginning of the year. AIPPA has been used to close newspapers
critical to the government like the Daily News, the Daily News on Sunday, The Tribune and others
publications which were deemed ‘anti-governmemt’.
The Electoral Act (2004), which purportedly offered electoral reforms, is one statutory instrument
that has been enforced without wide consultation in its formulation and enactment. It has allowed
for the president to appoint an electoral commission that is highly partisan and manned by
government paid civil servants whose impartiality cannot be guaranteed. It has also empowered