Zimbabwe – Ready for Elections? 35 3.2 Compliance with and respect for fundamental rights and freedoms 3.2.1 Law reform According to Thornton, legislation is written form of rules for the regulation and control of future conduct.6 It restrains the exercise of various freedoms, and also confers and protects rights and benefits.7 Over the years, and in particular since the 2008 elections, ZLHR has continued to advocate for reforms of draconian laws/provisions that undermine the enjoyment of fundamental rights and freedoms, as also agreed by the parties to the GPA. Of particular concern had been the introduction of repressive laws in 2002, undermining fundamental freedoms of assembly, association and expression, and provisions of the GPA that required the IG to reform laws in preparation for elections. Following the adoption of the new Constitution, it was expected that the laws would be reviewed in a manner that was participatory to realign them with the new Constitution. Some of the laws that needed attention include the Public Order and Security Act (POSA), Access to Information and Protection of Privacy Act (AIPPA), and the Criminal Law (Codification and Reform) Act (the Code). The new electoral system also required reform of laws on the structure of local and provincial government, the election of local government representatives,8 special interest groups, and other electoral laws. During the IG’s subsistence there was very little progress on legislative reform. The proclamation of elections before the requisite reforms had been carried out by Parliament did not advance the IG’s obligations to fully promote and protect the right to participate in the government of the country. 3.2.2 Institutional reforms Rule of law institutions in Zimbabwe that collectively contribute to the right to participate in the governance of the country exhibited a general culture of “rule by law” and not “rule of law” during the period preceding the 31 July election. Some regressive elements within these institutions have taken centre stage, working independently or in collaboration with others to foster a culture of impunity. Human rights violations continue to be documented. As a result, persecution through prosecution persisted through the use of repressive provisions of the law to justify attacks on HRDs, while unreformed institutions continued with their “business as usual” attitude. The Minister of Justice & Legal Affairs is on record expressing his concerns of the state of the justice delivery system which he said was dogged by corruption at every level.9 Some of the other institutions that remained unreformed and resistant to any transformation were 6 7 8 9 GC Thornton Legislative drafting (2008) p 47. As above. Urban Councils Act [Chapter 29:15] and Rural District Councils Act [Chapter 29:13]. See D Nemukuyu “Zim Justice delivery system corrupt – Chinamasa” The Herald (30 April 2012) p 1; D Nemukuyu “Judiciary adopts code of conduct” The Herald (10 January 2012) p 1.