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A victory for constitutionalism

Opinion & Analysis
On Wednesday the High Court issued a stinging judgment rebuking the police for the manner in which Statutory Instrument 101a of 2016 was promulgated, a ruling respected lawyer, Tendai Biti described as one of the most profound since the signing of the Constitution.

On Wednesday the High Court issued a stinging judgment rebuking the police for the manner in which Statutory Instrument 101a of 2016 was promulgated, a ruling respected lawyer, Tendai Biti described as one of the most profound since the signing of the Constitution.

NewsDay Editor

Tendai-Biti-healthy

This came against strong pronouncements about the judiciary from President Robert Mugabe and other State actors, who felt the judiciary was being too liberal in allowing people to demonstrate against the government.

That Justice Priscilla Chigumba was able to issue such a judgment — in light of the foregoing — should be applauded, as the judiciary is showing that it is guided by constitutional principles rather than the whims of a political party.

In a normal democracy, such a ruling would not have been anything to write home about, but in a country such as Zimbabwe, where political interference with the judiciary and threats against judges are normal, Justice Chigumba’s ruling shows she’s a professional and willing to get on with her job, without interference.

One reason why the judiciary can issue such judgments is because of the Constitution, which reinforces judges’ independence and separation of powers.

Many Zimbabweans were not too happy with the constitution-making exercise that culminated with a referendum in 2013.

Some felt that the involvement of political parties meant the integrity of the exercise was compromised and that the final document was a result of compromise rather than a legal process.

Because of this, many are of the view that the charter is inherently flawed and should be amended at the earliest convenience. While the Constitution is not perfect and there are many things that can be changed about it, Zimbabweans have reason to celebrate the incremental gains it has brought with it thus far.

The right to protest and petition is one such right enshrined in the Bill of Rights, and no matter how much Zanu PF detests this, the courts have emphasised and allowed people to demonstrate.

This might seem like too little and nothing to celebrate about, as the police have routinely crushed demonstrations.

However, the very fact that judges have reprimanded the cops for this action and allowed people to protest, shows that there is light at the end of the tunnel, and Zimbabweans may feel if they push a little harder and use the courts more, this right will soon be guaranteed and the State would not want to interfere.

We hope this ruling serves to show Zanu PF that the judiciary detests the idea of interference and we applaud Justice Chigumba’s professionalism.