Zimbabwe Human Rights NGO Forum Special Report
Enforcing the Rule of Law in Zimbabwe
On the land issue, using his presidential ownership of all communal land inherited from the
colonial settler regime, Mugabe has four times issued SIs under the Communal Land Act to
excise tens of thousands of hectares from nearly 50 communal lands, including 20 ha from his
own home area of Zvimba, 97 ha from Semukwe, and 11 840 ha from Makoni, Manyika and
Mutasa South communal lands. He has also used the Forests and National Parks and Wild Life
Acts to alter boundaries, for equally unspecified reasons, of the Gwaai Forest Reserve and the
Rhodes Nyanga National Park.
Mugabe has been widely quoted in the press,
‘warn[ing] judges not to interfere [specifically with the Government’s determination to
acquire land] as “this is a political and not a legal issue… The land issue is not for the courts.
It seems the judges did not hear me clearly on this one… We will take the land in a political
struggle. If the courts want compensation then they should go to Britain… If the technicalities
continue to hamper the process, I together with Vice-Presidents … will do it on our own”.’1
‘The courts can do whatever they want, but no judicial decision will stand in our way. My own
position is that we should not even be defending our position in the courts. We cannot …
brook interference or court impediment to the land acquisition programme’.2
Chenjerai Hunzvi reportedly told the High Court that the State President actually controlled those
occupying the farms and that he himself was not in a position to ‘challenge’ the president. After
two High Court rulings, Acting President Msika ordered the invaders to be removed. The State
President cancelled this order on his return from abroad. As Minister of Home Affairs, Dumiso
Dabengwa’s instructions to the farm invaders to vacate were ignored and countermanded by
Mugabe. Dabengwa publicly washed his hands of responsibility. Even one of the President’s
strong supporters was quoted as saying ‘The President has seriously undermined the rule of
law’.3
The Land Acquisition Amendment Act (LAAA) was originally passed, after the fourth
Parliament had been prorogued, by Robert Mugabe using his Presidential Powers (Temporary
Measures) Act. The Commercial Farmers’ Union sought to have the Presidential Powers
(Temporary Measures) Act itself struck down as unconstitutional before the LAAA passed
through Parliament, but later withdrew its court action. The constitutionality of the PP(TM)A
revolves around whether or not Parliament breached its own constitution role of law-making in
devolving such powers to the executive president.
The prerogative of mercy is another area in which Robert Mugabe has bent the law to his own
purposes. He has exercised clemency five times since becoming executive President in 1987 (see
Table 3.2), though a General Notice does not appear to have been gazetted for the last, in 2001.
1
The Sunday Mail 28.1.01.
The Financial Gazette 14.12.00; Zimbabwe Independent 15.12.00.
3
The Financial Gazette 16.3.00.
2
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