Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe Has the State President upheld the rule of law and existing laws? The short answer is, only when it has suited him to do so. On other occasions he has either ignored specific laws, or used them in ways that subvert, if not overturn, the rule of law. In particular, ZTV has telecast President Robert Gabriel Mugabe delivering a number of public ‘hate speeches’ inciting violence and killing, for none of which has he been arraigned. In March 2000 he stated that: ‘Those who try to cause disunity among our people must watch out because death will befall them.’1 In December 2000 he told the ZANU-PF congress ‘we must continue to strike fear into the heart of the white man, our real enemy.’ His audience chanted hondo (war).2 He threatened white farmers with ‘very, very, very severe violence’ if any action was taken against anyone invading their farms,3 describing them as ‘traitors’ and white Zimbabweans generally as ‘enemies of the state’.4 He was later reported5 to have denied that he had used these words, which appear to breach both the Constitution (s23) and the Prevention of Discrimination Act (s6), complaining that ‘the world is being deceived into believing that a villainous black government is victimising the white people in Zimbabwe.’6 ‘6 Making or communication of racial statement (1) No person shall make or knowingly communicate a statement based on racial superiority or hatred if there is a substantial risk that the statement may adversely affect the reputations, rights and freedoms of other persons in Zimbabwe. (2) No person shall make any statement or do any thing which is reasonably likely to incite or encourage discrimination, in contravention of this Act, against any other person or class of persons on the ground of race, tribe, nationality, place of origin, national or ethnic origin, colour, creed or gender. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.’ The Public Order and Security Act also intended to prevent such language. ‘26 Statements encouraging violence Any person who makes a statement or communicates to another person a statement made by someone else – (a) intending by his conduct to imply that it would be incumbent or desirable to do any unlawful act likely to bring death or physical injury to any person or class of persons; or (b) realising that there is a substantial risk that his conduct will have the implication referred to in paragraph (a); shall be guilty of an offence and liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.’ 1 The Daily News 17 March 2001. The Zimbabwe Independent 15.12.00; Financial Gazette 14.12.00. 3 The Daily News 29.3.00. 4 The Financial Gazette 20.4.00. 5 The Herald 20.4.00. 6 The Zimbabwe Independent 15.6.01 2 18