Political Impasse Persists
SADC attempted to make further progress by convening a meeting of SADC Organ of
Defence and Security on October 28. The meeting failed to break the impasse and
announced that it was calling for a summit of all SADC member states to try to
resolve the Zimbabwe crisis. Chances of forming a government of national unity are
fading fast and the situation looks increasingly precarious. Should ZANU-PF
unilaterally form a government without the MDC, there is a serious risk of a
resurgence in violence and human rights abuses. ZANU-PF has maintained control
over state institutions that it has traditionally used to perpetrate abuses such that,
even if a government of national unity is formed, ZANU-PF will most likely continue to
determine Zimbabwe’s political direction.
Establishment and Functions of the Judiciary, Prosecutors and Police
Zimbabwe’s justice language is established by the country’s constitution which
enshrines rule of law principles, including judicial independence and fair trial
guarantees, as well as for the establishment of a professional and non-partisan
police force.11 Zimbabwe has ratified the African Charter (Banjul)12 on Human and
People’s Rights and the International Covenant on Civil and Political Rights (ICCPR),
which obliges the government to respect due process and fair trial rights.13
Chapter 8 of the Constitution sets out the structure, jurisdiction and appointment of
Zimbabwe’s judiciary.14 Article 79B guarantees the independence of the judiciary.
Conditions of service for judges are set out in article 88, which provides that the
remuneration of judges shall be charged to the Consolidated Revenue Fund and may
not be reduced during a judge’s tenure.
11
The Constitution of Zimbabwe was published as a Schedule to the Zimbabwe Constitution Order 1979 (S.I 1979/1600 of the
United Kingdom). It has since been amended 18 times. Chapters 4, 5 and 8 provide for separation of powers among three main
pillars of state—the executive, the legislature and the judiciary—and the checks and balance mechanisms that keep them
independent of each other.
12
African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58
(1982), entered into force October 21, 1986, ratified by Zimbabwe May 30, 1986.
13
International Covenant on Civil and Political Rights (ICCPR), G.A.res.2200 A (XXI), U.N.Doc.A/6316 (1966), entered into force
in March 1976, acceded to by Zimbabwe August 13, 1991.
14
Constitution of Zimbabwe, art. 79A.
11
Human Rights Watch November 2008
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