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

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