freedoms, rights, duties and property of citizens.” 51 According to the International Commission of Jurists (ICJ), judges should comprehend that they are “essential guarantors of human rights and the rule of law.” 52 court’s relationship with the executive as “an incestuous relationship”. In the High Court, political sensitivity of a case was seen to determine which judge got allocated to a case. With judicial independence manifesting itself in both institutional and individual independence, individual independence particularly seemed to lack because judges in the Supreme Court and the Constitutional Court were almost if not entirely always in unanimity. There was a dearth of dissenting judgments, and this has been identified as a trend since 2013.54 A day before the Constitutional Court sat to hear the case on the presidential election results challenge on 22 August, the army released a strongly worded statement “joining all progressive Zimbabweans” in congratulating President-elect Emmerson Mnangagwa for a “resounding victory” and a “landslide victory”, and warning that the Zimbabwe Defences Forces “remains resolute in defence of the country’s sovereignty”. This was construed to be a warning to the court to rule “appropriately ”, and the statement itself amounted to a breach of the sub-judice rule, putting the judges under pressure. As a result of the influence and the work of the judiciary, individuals may enjoy equality and protection, and the other branches of government may function efficiently in their own roles of protecting human rights.53 There were widespread misgivings over the independence of magistrates and judges, and of prosecutors. This was variously attributed to fear by the judges and magistrates to be seen to be acting independently; judges and magistrates captured by the executive - especially in matters with a political bearing; judges and magistrates beholden to the government for receiving farms and other benefits; and outright corruption. The courts and the NPA appeared to operate under third party instruction in certain cases, particularly in those cases that were viewed as politically sensitive or involving certain individuals. One described the approach of the courts as “executive-minded”, characterising the 51. See the Preamble to the Principles. 52. International Commission of Jurists (ICJ) “The Role of Judges in Guaranteeing Human Rights and the Rights of a Judge”. 53. Fahed Abul-Ethem “The Role of the Judiciary in the Protection of Human Rights and Development: A Middle Eastern Perspective” (2002) 26(3) Fordham International Law Journal 762. 54. Musa Kika “The Role and Attitudes of the Zimbabwean Constitutional Court in Operationalising the 2013 Constitution, 20132018” upcoming ZELJ 2019. 61 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018