My heart bled when I read reports attributed to President Robert Mugabe insinuating that our learned judges had “failed” by allowing the National Electoral Reform Agenda (Nera) driven anti-government demonstrations to continue despite alleged evidence of violence on the part of the protestors.
By Joachim Garikai,Our Reader
It was lost on him that such utterances are not only inflammatory and injurious, but also risk dragging to the gutters some of the notable gains noted in the conduct and discharge of justice by Zimbabwe’s courts in the post government of national unity era.
Section 164(1) of the Constitution states that “the courts are independent and are subject only to this constitution and law, which they must apply impartially, expeditiously and without fear, favour or prejudice.” Mugabe’s anger directed at the judiciary infringes on the core values of that important arm of the state and sets a dangerous precedence, considering that members of his circle such as Mandiitawepi Chimene are disdainful of court resolutions.
Like other facets of our society, the judiciary had become ideologically polarised as a direct result of the fast-track land reform programme which saw many judges losing their seats to politically correct appointees.
The judiciary, as a separate arm of the state, must be seen to be impartial in order to live up to the idea of a separation of powers. Such a separation of powers is essential to curb the state’s excesses against largely poor defenceless citizens pitied against a violent and repressive state machinery.
