42
Election dispute resolution mechanisms
Media attacks have become the order of the day. Columnists cum lawyers,46 in a bid to
gain prominence and curry political favour, have written negatively about CSOs in
Zimbabwe. CSOs have been maligned through injurious articles actuated by malice, been
described as pawns in the regime change agenda.47 Other derogatory terms used
include describing CSOs as puppets.48 Media attacks on CSOs are covered in Chapter 4
under the hate speech section. The UN High Commissioner and the UN special
mechanism have through statements urged the government of Zimbabwe to respect
HRDs.49 However this continues to be ignored.
As they continue to assert themselves in their watchdog role, HRDs will continue to be
exposed to increased intimidation, unlawful arrests, detention or torture, even death
should political tensions rise and the state apparatus, manipulated by ZANU PF, as
always, seeks to silence any dissent and exposure of any human rights violations and
electoral malpractices. HRDs who are on the frontline of promoting and protecting
human rights therefore require continued support and protection in undertaking their
critical activities and watchdog role.
3.4.4
Right to an effective remedy and representation by lawyer of
choice
The operating environment ahead of elections also continued to be undermined by the
state of the justice delivery system. Independence of the legal profession has been
severely curtailed during the run up to elections. One human rights lawyer has been
arrested for carrying out her professional duties as an officer of the court, and ZLHR
lawyers and the organisation have been attacked by state controlled media for seeking
to assert the constitutional rights of citizens through judicial processes. The judiciary
has also remained, in the public perception, generally compromised in Zimbabwe. Since
March 2013 attacks on human rights lawyers and independent judges have been
rampant with the media being used as a tool to vilify lawyers and judges. Articles calling
for urgent review of the judiciary were maliciously written by The Herald.50 As a result
of failure to protect and ensure the independence of the judiciary, it has remained open
to compromise with external and executive interference being prevalent. Recourse to
remedies from other sources such as the regional and sub-regional bodies with the
mandate of ensuring rights compliance within Africa and the SADC region, being the
46 R Nyamurundira was in Civil Society before joining government.
47 R Nyamurundira “Civil society: the treasonous betrayal” The Herald (15 May 2013) available at
<http://www.herald.co.zw/civil-society-the-treasonous-betrayal/> Last accessed on 29 July 2013.
48 As above.
49 “Zimbabwe: UN Condemns attacks on human rights defenders ahead of elections” United Nations
News Center available
at<http://www.un.org/apps/news/story.asp?NewsID=43954&Cr=zimbabwe&Cr1=#.UfRzntJHKz4>
Last accessed on 28 July 2013; “Ahead of referendum, UN EXPERTS CALL ON Zimbabwe to respect
fundamental rights’ available at
<http://www.un.org/apps/news/story.asp?NewsID=44240&Cr=zimbabwe&Cr1=#.UfR2y9JHKz4>
Last accessed on 28 July 2013.
50“ Calls for urgent review of the judiciary” The Herald (25 March 2013) p1.
Select target paragraph3
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