A year after the signing of the Global Political Agreement between ZANU Pf and the two MDC formations one would have hoped to see a reformed independent judiciary system that is free from political poisoning as witnessed in the recent years in which ZANU Pf literally controlled the outcomes to their favor.
Under article thirteen of the GPA the three political parties agreed to “ensure that all state organs and institutions strictly observe the principles of the Rule of Law and remain non-partisan and impartial” and also that’’ laws and regulations governing state organs and institutions are strictly adhered to and those violating them be penalized without fear or favor.”
These agreements have remained on paper, detached from the situation on the ground as ZANU PF’s keeps a strangled hold on the security forces and the judicial system flourishes unabated. The two MDC formations have been consumed more by issues to do with survival, in and outside the coalition government and less has been done proactively to push for reforms that will guarantee the pillars of democracy and a culture of human rights.
The few reported cases on the harassment of human rights and political activist by the attorney general’s office are a smoke screen of the bigger problem that is besieging the nation. A crisis kindled by an infiltrated judicial system that is assuming politically motivated priorities on the auspices of malicious partisan politicians bent on clinging onto power at all cost. The ordinary people in communities bear the brunt of the vicious miscarriages of justice and are rendered powerless onto a place of no appeal.
An anecdotal experience of a case that occurred in Bindura recently left the community baffled. Six MDC activists, two of them councilors were sentenced to six months in prison by magistrate Chakanyuka on what are believed to be trumped up charges – assaulting a known notorious ZANU PF war veteran Wellington Chakanyuka in February this year. An appeal has since been filed with the High Court to challenge the ruling. The sentencing of the six has been viewed by the community as driven by partisan vindictiveness and more questions have been raised that require answers from the state.
Wellington Chakanyuka stands accused of murdering MDC activist,Irene Runzwirai by throwing her into a burning fire during the period leading to the runoff election in June last year. In October the same year he led a group of ZANU Pf thugs who destroyed Tongai Jack’s house in Chipadze. Both cases were reported to Bindura central police with the latter under case number CR169/02/09 but no action has been taken so far by the police.
The irony of the matter is that the masked judicial system has resorted not only to swaying the course of justice but it is encouraging and rewarding criminal activities in broad day light. For a country like Zimbabwe that is emerging from a legacy of state sponsored violence, crime and cultures of impunity it is fundamental that concrete steps be taken to win the trust of the public through transforming state institutions to become transparent and accountable.
Reluctance of the law enforcement agency and judicial system to address the crimes committed during last year’s bloody elections has not only undermined public confidence but it has become a mockery on the ongoing efforts that are being made to heal the nation. Those that have received immunity from the law due to their loyalty to the powers that be, have been baptized to continue with their treacherous deeds with the guarantee that no one has been arrested for grievous crimes like murder, rape and theft committed last year with impunity.
More perplexing particularly to the public is how the Attorney General’s office has been ferocious and effective in taking action in politically motivated cases to arrest without even acquiring concrete evidence to warrant a decent court hearing. Human rights and political activist mainly from the MDC have fallen victim to these intimidation campaigns by the state. After rushing to arrest innocent people the cases are later dropped as often the cases have flawed evidence – and the circle goes on and on.
The incarceration of Jestina Mukoko is a classic example of what an autocratic state can do to its vulnerable citizens. Jestina Mukoko was abducted from her home, tortured, denied freedom of movement, association, access to medication in the hands of the dreaded state agents and police only to appease the state’s ill-informed conspiracy that she was a national security threat.
The question everyone would want to have answered is if the state has admitted publicly to wrong doing at any given time and taken responsibility and corrective action. Do the victims of the state’s avarice get restorative justice for the violation of their constitutional and fundamental human rights?
As long as the judicial system and the security forces remain open to political manipulation by ZANU PF the efforts underway to turn Zimbabwe into a peaceful, democratic and conducive environment for international investment will remain lurking at a distance.
From ROHR Zimbabwe Information Department
For Peace, Justice and Freedom
