Specific Cases
Ÿ
In May President Mnangagwa created a Special Anti-Corruption Unit within the Office of the
President to carry out investigations, bypassing the constitutionally mandated Zimbabwe AntiCorruption Commission. The Special Unit placed handpicked prosecutors directly under
President Mnangagwa’s control, in violation of the Constitution.
Ÿ
On 22 November 2018, police physically attacked opposition MPs at Parliament during the
2019 budget proceedings. Speaker Advocate Jacob Mudenda had called in the police to evict
opposition MPs for defying his order that MPs should stand up for President Mnangagwa as he
entered the chamber. The attack left dozens of the MPs, especially female MPs, traumatised.
Two MPs got injured. This was the second time in two years when members of the police were
called into the House of Assembly chambers to remove opposition MPs. While MPs may be
temporarily removed from Parliament for unruly behaviour, and may be held in contempt, the
rules of Parliament do not give any authority to the invasion of Parliament by the police.7
Ÿ
There have been delays in enacting enabling legislation for certain key institutions. The
National Peace and Reconciliation Commission Act operationalising the National Peace and
Reconciliation Commission was only promulgated in January 2018, five years after the coming
into effect of the new Constitution, and five years before the lifespan of the time-bound
Commission expires. Six years into the passing of the new Constitution, a Constitutional Court
Act as contemplated by the Constitution is yet to be passed. Key legislation meant to give effect
to the constitutional provisions on devolution is yet to be enacted.
Ÿ
Government was behind schedule in its law development agenda. 12 of the Bills on the
President’s legislative agenda were in the previous session’s agenda under President Mugabe –
at least from 2016.
7. See full legal opinion by Musa Kika “It is illegal and unconstitutional for the police to enter the chambers of parliament and arrest or
remove MPs” 23 November 2018, http://kubatana.net/2018/11/23/illegal-unconstitutional-police-enter-chambers-parliament-arrestremove-mps/
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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