8
JUSTICE IN ZIMBABWE
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The breakdown of law and order in Zimbabwe has been exacerbated by a series of
amnesties and pardons to persons who have perpetrated acts of violence.1 These have
mostly benefited members of the ruling party and have created the dangerous
impression that those who perpetrate violent acts on behalf of the party are immune
from the law.
This report seeks to trace what has happened to the legal system of Zimbabwe over
the last few years, giving examples of these developments. Where it is necessary to
put these developments in a broader context, details are given about developments
that took place earlier in the history of Zimbabwe.
The report is divided into two main sections. The first section deals with general
developments that have had an adverse impact upon the legal system. The second
section contains analyses of various decisions of the courts. Finally, there are five
appendixes. Appendix 1 sets out some of the basic principles on the independence of
the judiciary that were agreed on by a United Nations congress in 1985; Appendix 2
gives details of two politically-motivated murders; Appendix 3 sets out a pertinent
editorial in a local weekly newspaper; Appendix 4 gives specific instances in which
the police failed to take action in political cases;
and Appendix 5 outlines the
country’s history of amnesties and pardons.
As further developments take place, additional material will be added to this report.
SECTION A – GENERAL DEVELOPMENTS
Topic 1
1. INTIMIDATION AND ATTACKS UPON JUDICIAL OFFICERS
AND LAWYERS
Introduction
Interviewed on ZTV in 1983 the then Attorney-General, Mr Godfrey Chidyausiku,
said it was undesirable for Zimbabwe to have a judiciary that pandered to the