The Judicial Institution in Zimbabwe

The African Union and its constituent parts have put a bid to uphold good governance and the rule of law on the African agenda. Following independence, Zimbabwe has been increasingly polarised, and the administration of justice has had to contend with its own history under the rebel regime of the 1960s and 1970s, in an increasingly polarised society. This publication sets out to create a public record of what has been occurring in the Zimbabwean administration of justice, to draw attention to the dangers, but to do so constructively, with the objective of aiding as rapid a return to democratic governance and the rule of law as possible.

Special Features

Published in association with the Law Faculty of the University of Cape Town, and available for viewing online in pdf form on the UCT Law Faculty website.

Table of Contents

1 INTRODUCTION
2 THE CONSTITUTION OF ZIMBABWE
2.1 Chapter III: The Declaration of Rights
2.2 Chapter VIII: The judiciary
3 THE SUPERIOR COURT STRUCTURES
3.1 The Zimbabwe Supreme Court
3.1.1 The land issue in court
3.1.2 The General Laws Amendment Act 2 of 2002
3.1.3 Tsvangirai v Registrar-General of Elections
3.1.4 Conclusions
3.2 The High Courts
3.2.1 The election petitions
3.2.2 Morgan Tsvangirai v Robert Gabriel Mugabe & others
3.2.3 Criminal charges against Morgan Tsvangirai.
3.2.4 The arrests of retired Judge Blackie and Judge
Paradza
3.2.5 Conclusions
3.3 The Administrative Court
3.4 The administration of Zimbabwean courts
3.5 The Zimbabwe Law Society
4 THE SEPARATION OF POWERS
4.1 Clemency orders
4.2 Government by regulation and proclamation
4.3 Repressive legislation allowing for executive abuse of
powers
4.3.1 Access to Information and Protection of Privacy
Act
4.3.2 Public Order and Security Act
4.3.3 Conclusions
4.4 Magistrates’ Courts
4.5 Office of the Public Prosecutor
4.6 Police inaction and impunity
5 CONCLUSIONS