JUSTICE IN ZIMBABWE 126 ____________________________________________________________________ APPENDIX 1: PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY In 1985 the United Nations Congress on the Prevention of Crime and Treatment of Offenders agreed upon a set of Basic Principles on the Independence of the Judiciary. Some of these principles are as follows: ▪ The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. ▪ The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. ▪ There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law. ▪ The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law. ▪ Judges … shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists. APPENDIX 2: THE CHIMINYA AND MABIKA CASES The following are extracts from an Amnesty Report Zimbabwe The Toll of Impunity published in 2002: