Concern Over Judicial Independence Crisis
21 August 2024
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By A Correspondent| Human rights organizations and activists in Zimbabwe have expressed deep concern over what they described as a growing crisis of judicial independence in the country.

The recent remarks from prominent figures in civil society highlight a troubling trend of questionable court judgments and the detention of individuals without due cause, sparking fears of a judiciary compromised by political interference.

Blessing Vava, the Executive Director of the Crisis in Zimbabwe Coalition, voiced his dismay at the ongoing detentions of ordinary citizens, including fathers and mothers, who have committed no crimes but remain imprisoned. “It’s sad and unfortunate that these people are not supposed to be in detention. This gives answers to the disturbing trend where we have seen courts giving dubious judgments,” Vava said in a statement.

Vava’s comments reflect a broader sentiment that the ruling Zanu PF party has effectively captured the judiciary, eroding the independence of the courts. “It shows that the ruling Zanu PF has captured the courts and there is no longer judicial independence in the country,” he added, painting a grim picture of the state of the rule of law in Zimbabwe.

These concerns are echoed by Roselyn Hanzi, Executive Director of Zimbabwe Lawyers for Human Rights (ZLHR), who warned that Zanu PF could find itself implicated in legal proceedings related to the arrest and mistreatment of activists. Hanzi emphasized that any attempts by the ruling party to dismiss these concerns could backfire, potentially leading to claims for monetary damages due to malicious prosecution, loss of income, pain and suffering, and other forms of torture endured by those unjustly detained.

“While he is saying it in a jovial mood, he should not cry foul if his party is cited as a party to legal proceedings to claim for various damages, such as for malicious prosecution, loss of income, pain and suffering, and being jointly and severally liable with State institutions and actors involved. Respect independence of courts and doctrine of separation of powers,” Hanzi stated.

The allegations come amid growing criticism of Zimbabwe’s judiciary, with many accusing it of being used as a tool by the ruling party to suppress dissent and silence opposition. The lack of judicial independence has been a long-standing issue in Zimbabwe, but recent developments suggest that the situation is deteriorating.

As the country approaches critical elections, the integrity of its judicial system is likely to be under intense scrutiny, both locally and internationally. The continued detention of innocent citizens, coupled with allegations of political interference in the judiciary, may further exacerbate tensions in a nation already grappling with political and economic challenges.

Human rights groups are calling for urgent reforms to restore the independence of the judiciary and ensure that the rights of all Zimbabweans are protected under the law. However, with Zanu PF’s grip on power remaining firm, the path to meaningful change appears fraught with obstacles.

This unfolding situation serves as a stark reminder of the importance of judicial independence in safeguarding democracy and the rule of law, and the dire consequences when these principles are undermined.