purposive approach which is demanded by the
Constitution, to give full effect to the Bill of
Rights. The several cases around the election
period were dismissed on technicalities.
Delayed Justice, Delayed judgments
and Judicial Approach
Delays in pre-trial procedures were common.
This was due to a shortage of magistrates and
court interpreters, poor bureaucratic
procedures, the low capacity of court officials, a
lack of resources and corruption. According to
the JSC Annual Report of 2018, although 60 new
Magistrates were appointed, bringing to a full
complement the country’s Magistrates for the
first time, the magistrate-case ratios were still
way above recommended levels. As at 31
December 2018, there were 1,619 members of
staff in the courts against an authorised
established of 2,068 – thus the JSC was operating
at only about 80% of its capacity, thereby
compromising the quality of court operations.
Politically motivated arrests also saw trials taking
long to commence. For instance, all the trials of
the individuals arrested in the aftermath of the 1
August violence were yet to kick-off as at the end
of the year, with the prosecutors stating that they
were still waiting for investigations to be
completed. This is even though the Form 242s
(Request for Remand Forms) indicated that the
investigations would be completed within 30
days of the arrests.
Threats and Attacks to Lawyers
The Law Society of Zimbabwe (LSZ) dealt with
several complaints lodged by lawyers who were
harassed and threatened in their line of duty. The
police emerged to be the main perpetrators.
This was raised with the Commissioner-General
of Police, who was reported as forthcoming in
addressing the issue, unlike under the previous
incumbent Commissioner-General Chihuri,
who would never respond to queries raised
about harassment of lawyers by the police.
However, no single case taken to the
Commissioner-General of Police has thus far
been completed. Both President Mnangagwa
and the Minister of Home Affairs have received
communication regarding harassment and
intimation of lawyers, which communication
was not responded to.
In 2008 the LSZ obtained a declaratory order
against the Commissioner- General of the Police
from the courts to the effect that the police must
allow lawyers their space to operate unhindered.
That order continues to be trumped upon by the
police with impunity. Lawyers reported getting
“visitors” in respect of certain cases they
handled, such as the Manzou Farm eviction
cases. According to human rights lawyers, there
was a sense of risk involved in handling human
rights cases.
Lawyers viewed these arrests as not an attempt to
seek justice or accountability, but merely to
harass and intimidate opponents of the regime.
The High Court and the superior courts routinely
delayed in rending judgments. This was failure
by the JSC to adhere to its own code of conduct.
In most cases, orders were given without the full
reasons for judgment. This was the case
including in election-related cases and petitions.
The year ended without the Constitutional Court
handing down the full reasons for its ruling in the
presidential election results petition. This culture
deprived development of important human
rights and constitutional jurisprudence. Failure
to render reasons for judgment also
compromised the ability of aggrieved parties to
seek further redress through appeal. An overly
technical approach was taken by the courts in
many cases, particularly the politically slanted
controversies, including those to do with
protection of constitutional rights. Courts tended
to give a restrictive interpretation to
constitutional rights, instead of pursuing a
Some lawyers reported being in places where
they had to leave hurriedly due to the hostile
environment. These were seen as occupational
hazards in doing human rights work in
Zimbabwe.
“You have to be security
conscious when doing human
rights work in Zimbabwe.
Risk is always there.”
Human Rights Lawyer
62
STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
Select target paragraph3
Add to table of contents