THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017
“Access to justice is the hallmark of any civilised and democratic society.”
Justice Luke Malaba, 15 January 2018
Access to Justice
the resolution of disputes. Other relevant sections
are listed below.
Access to justice can be defined as the rights of
individuals and groups to obtain quick, effective and
fair responses to protect their rights, prevent or
resolve disputes, and check abuse of power through a
transparent and efficient process in which mechanisms
are available, affordable and accountable. It is also
the ability of people to seek and obtain remedy
through formal and informal institutions of justice in
compliance with human rights standards. The ability
to access justice is important in the enjoyment of all
other rights. Critical to this realization is the judiciary,
which in Zimbabwe is run by the Judicial Service
Commission, the prosecution that come under the
National Prosecuting Authority (NPA), the Legal
Aid Directorate that provides legal aid to persons
who cannot afford legal costs. Also important are
institutions in whose custody persons in detention
find themselves and the correctional facilities where
convicted persons are committed to.
Several provisions of the Constitution speak to various
elements of access to justice. The Constitution in
section 69(3) guarantees to every person the right of
access to the courts, or to some other independent
and impartial tribunal or forum established by law for
These are:
The right to equal protection of the law 1
section 56 (1)
2
3
The duty of the State to provide legal aid to
persons who cannot afford legal representation
– section 32
Rights of arrested and detained persons –
section 50
4
Access to information – section 62
5
Right to administrative justice – section 68
6
Right to a fair hearing – section 69
7
Rights of accused persons – section 70
A tout man-handles a police officer who brutally assaulted him
Pic Shepherd Tozvireva
52
Select target paragraph3
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