This report finds that legal accountability and the rule of law in Zimbabwe have been
seriously eroded under the ZANU-PF government through its interference in the
criminal justice system. It shows that victims of human rights abuses—mainly MDC
supporters—continue to be denied their right to justice and an effective remedy. At
the same time, perpetrators of human rights abuses enjoy de facto immunity from
prosecution by virtue of their association with ZANU-PF.
At the time of writing, over a month after the power-sharing agreement was signed,
there has been no substantive movement towards implementation nor towards
forming a new government. The two main parties have sharp differences over the
allocation of new cabinet positions. On October 11 ZANU-PF, without the agreement
of the MDC and contrary to the power-sharing agreement, published a list of new
cabinet positions. President Robert Mugabe allocated all senior ministries—
including Home Affairs and Justice, as well as Defence, Foreign Affairs and Finance—
to ZANU-PF members. The ZANU-PF list was rejected by the MDC, which released its
own alternative list. Human Rights Watch is concerned that any settlement of the
current political crisis must address the need for reforms in the criminal justice
system and the pervasive climate of impunity, and that this cannot be achieved so
long as ZANU-PF controls the Home Affairs and Justice Ministries.
As the people of Zimbabwe confront an ever more rapidly deteriorating economic
situation, with more than five million facing severe food shortages and inflation, at
the time of writing, running at 2.79 quintillion,1 expressing serious concern over the
erosion of key justice institutions might seem a step away from the lives and
concerns of the public at large. However, the fact is that despite the rearguard ethical
action of some of those within them, these institutions have been transformed by
ZANU-PF into critical agents of repression. Their reform is fundamental to the
restoration of normality and respect for human rights, not just in Zimbabwean
political affairs, but also in the lives of ordinary Zimbabweans.
Human Rights Watch calls upon any new government in Zimbabwe to undertake an
independently managed program of reform of the judiciary and police with clear
1
“New Hyperinflation Index (HHIZ) Puts Zimbabwe Inflation at 2.79 Quintillion Percent,” The CATO Institute, October 31, 2008,
http://cato.org/zimbabwe (accessed November 5, 2008).
3
Human Rights Watch November 2008