Zimbabwe Rule of Law Journal |173
the Ministers in office after the dissolution of Parliament.
Similar to the Nkandla judgment, this case demonstrates the intervening role the court plays in
respect of interpreting the law without fear, favour or prejudice because the democratic principles of
separation of powers and the twin principles of transparency and accountability were in operation.
Available Legal Remedies
One of the key principles derived from the Nkandla judgment is that where a person, irrespective of
status, commits an alleged offence the full course of the law must be allowed to take place because
no one is above the law. This principle was also recognised by the Supreme Court in Chavunduka
& Anor v Commissioner of Police29 when the full bench of the Supreme Court stated that:
“The entitlement of every person to the protection of the law, which is proclaimed in s 18(1)
of the constitution30, embraces the right to require the police to perform their public duty in
respect of law enforcement. This includes the investigation of an alleged crime, the arrest of the
perpetrator provided the investigation so warrants and the bringing him or her for trial before
a court of competent jurisdiction”.
The laws of Zimbabwe do provide constitutional, legislative and institutional frameworks which have
been established to ensure that, amongst other situations, the executive are held to account for any
conduct in breach of their constitutional and legislative obligations as high ranking public officials
although not at the same success rate as South Africa. The poor success rate is attributable to the
fact that the executive have often refused to comply with certain court orders that they deem to
be unfavourable to the State or particular political interests.31
29
2000 (1) ZLR 418 (S) at pages 421-422 B
30
Constitution of Zimbabwe as amended at 30 November 2007
31
The Executive has not enforced Court orders in the following cases inter alia, Mark Chavunduka and Ray Choto v Ministry
of Defence (1999 case); Andrew Meldrum v The Chief Immigration Officer and Ors (May 2003); Associated Newspapers Of
Zimbabwe v Chief Superintendent Madzingo & The Commissioner Of Police HC8191/2003; Dorothy Kumunda & 7 others
v District Administrator Chikomba District & Anor HC9481/03; Charles De Kock v Mike Madiro and 4 Ors HH 217/03,
Cuthbert Chivhunze & Ors v John Chitozho & Ors Mutare Court Case No.416/02; Commercial Farmers Union v Minister Of
Lands & Ors 2000 (2) ZLR 469; see also article by Arnold Tsunga ‘The legal profession and the judiciary as human rights
Select target paragraph3
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