Commissioner Mugwadi disclosed that ZHRC had engaged the Zimbabwe Republic Police regarding
the need for the Commission to input into the police syllabus on human rights during the cop’s
training programmes. To further show its commitment to the promotion and protection of human
rights, on 17 December the Zimbabwe Human Rights Commission (ZHRC) invited civil society
organisations to jointly commemorate the international human rights day, in a move widely viewed by
many to be a positive move by the government to acknowledge and recognize the importance of the
international human rights day as a day set aside to bring the attention of the ‘peoples of the world’
to the Universal Declaration of Human Rights (UDHR) as the common standard of achievement for all
peoples and all nations in relation to human rights promotion and protection.
Commissioner Japhet Ndabeni-Ncube pledged that the Commissioners would not resign in
protest over clauses that compromised their independence and impartiality but would press for the
amendment of the offensive sections in the ZHRC Act, which in December 2012 frustrated former
chairperson Reg Austin into resigning.
Secondly, the state interfered with the independence of Judges, for example on 2 April the Herald
attacked High Court of Zimbabwe (Justice Charles Hungwe), in addition to the broader and
more disturbing assault on the independence and integrity of the judiciary and legal profession in
Zimbabwe.
The judges’ ability to assert their views and comments in cases that were placed before them, except
through their judgments was severely restricted as state-controlled and other partisan media outlets
abused their position by reporting on such cases and attacking the person and integrity of a judge.
The attack on judicial officers for performing their constitutional functions eroded the protection that
is offered by this independent arm and the public’s confidence in the judiciary to act without fear
or favour was severely undermined. Further, such blatant attacks on a judicial officer consequently
meant that other judicial officers would not feel that they could rely on being protected during
instances where they had to assert their independence and deliver justice in a professional and
fearless manner24.
In regards to the separation of powers between the executive and prosecuting authority, the long
overdue implementation of the separation of the functions of the Attorney General and the National
Prosecuting Authority (NPA) was partially implemented when Mr Johannes Tomana was sworn in as
the Prosecutor-General (the head of the NPA) on Wednesday 13 November 2013.
Nevertheless, by operation of transitional provisions in the Sixth Schedule of the Constitution,
the current Attorney General became the Prosecutor General without operation of the previously
outlined requirements in the new Constitution of Zimbabwe, which sets out a clear procedure for the
appointment of a Prosecutor-General. It includes advertising the post, allowing public nominations,
and requiring public interviews of prospective candidates. This enhances the transparency of the
appointment process, whilst contributing to ensuring the credibility and professionalism of the
nominees through scrutiny of their record of service and past conduct.
Although the separation was viewed by rights groups25 as a good practice that would allow for
increased public scrutiny of, and accountability for, the actions of the prosecutorial authority, they felt
they would nevertheless continue to monitor how the Prosecutor-General carries out his mandated
functions as he is constitutionally obliged not to act in a partisan manner; not to further the interests
of any one political party or cause; not to prejudice the lawful interests of any other political party or
cause; not to be an active member of any political party; and not to violate the fundamental rights or
freedoms of any person.
Rights groups also expected the political neutrality of the Prosecutor-General and the officers in the
NPA to be urgently legislated by way of an Act of Parliament as part of the harmonisation of laws
with the new Constitution, this was critical regarding the national interest and would improve public
confidence in the justice delivery system.
24 ZLHR, 2 April, 2013
25 ibid
56
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