Zimbabwe – Ready for Elections?
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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.
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