JUSTICE IN ZIMBABWE
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APPENDIX 1: PRINCIPLES ON THE INDEPENDENCE
OF THE JUDICIARY
In 1985 the United Nations Congress on the Prevention of Crime and Treatment of
Offenders agreed upon a set of Basic Principles on the Independence of the Judiciary.
Some of these principles are as follows:
▪
The independence of the judiciary shall be guaranteed by the State and
enshrined in the Constitution or the law of the country. It is the duty of all
governmental and other institutions to respect and observe the independence
of the judiciary.
▪
The judiciary shall decide matters before them impartially, on the basis of
facts and in accordance with the law, without any restrictions, improper
influences, inducements, pressures, threats or interferences, direct or
indirect, from any quarter or for any reason.
▪
There shall not be any inappropriate or unwarranted interference with the
judicial process, nor shall judicial decisions by the courts be subject to
revision. This principle is without prejudice to judicial review or to
mitigation or commutation by competent authorities of sentences imposed
by the judiciary, in accordance with the law.
▪
The term of office of judges, their independence, security, adequate
remuneration, conditions of service, pensions and the age of retirement shall
be adequately secured by law.
▪
Judges … shall have guaranteed tenure until a mandatory retirement age or
the expiry of their term of office, where such exists.
APPENDIX 2: THE CHIMINYA AND MABIKA CASES
The following are extracts from an Amnesty Report Zimbabwe The Toll of Impunity
published in 2002:
Select target paragraph3
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