repeated use of Section 121 of the Criminal Procedure and Evidence Act (which serves to postpone
bail after this has been granted to allow the State to appeal). Even cases which have been stupendously
lost by the State are protracted by appeals against acquittals, e.g. Roy Bennett. Lastly, law enforcement
agencies continue to disregard the law when judgments are made, operating, apparently under ‘other
orders’. This is particularly evident in the complicity that the Police have had with land invaders,
refusing to come to the assistance of farmers and farm workers, even when these have the benefit of
a legal right to remain on land.
RECOMMENDATIONS
•
A Human Rights Commission Act is urgently needed to establish the legal capacity of the
Commission, its conditions of service, powers of investigation and so on. Public
consultations should be undertaken in the development/finalization of this Bill. The Bill
must also comply with the Paris Principles, relating to the status of national institutions
for the protection and promotion of human rights, adopted by the UN General Assembly
in 1993.
•
SADC must address Zimbabwe’s willful contempt of the SADC Tribunal if this court is
going to have any lasting credibility and authority in the region. It should not be left up to
countries to decide whether or not they are interested in accepting an unfavourable
judgment once they themselves have ratified and seconded judges to that institution.
•
The Government of Zimbabwe should demonstrate compliance with the rule of law by:
conducting the long overdue by-elections; rejecting corruption and bringing political
individuals to account for offenses. Ending impunity in politics is essential for the
development of this country.
•·
The proposed Diamond Act should be drafted expeditiously, ensuring transparency in the
process and legitimacy in the diamond industry. The human rights violations that have
occurred, the need for compensation for victims of displacement and previous court
judgments relating to rights on the terrain must be addressed.
•
Rule of law institutions must be strengthened, financially and technically to allow them
to carry out their mandate professionally and independently.
•
All Members of Parliament have a responsibility to their constituents to deal with the
passage of legislation. Far too little was accomplished in the last Parliamentary Session
to justify the huge expenses that accrued.
•
Finally, law enforcement agencies and the security services in general need to perform
their duties in an impartial and non-partisan way. They should be reminded of their role
to protect the people, and undergo human rights training to enable them to distinguish
between acceptable and unacceptable behaviour in their professional contexts.
CIVIL SOCIETY MONITORING MECHANISM (CISOMM)
SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE
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