Zimbabwe’s government is subverting the country’s legal system in order to stay in power, according to an international group of lawyers who recently visited the Southern African state.
In a report, Stephen Irwin, chairperson of the Bar of England and Wales, says the group found that judges and the courts have been “profoundly compromised”.
“We have concluded that the Zimbabwean justice system has ceased to be independent and impartial,” the report on the state of justice in Zimbabwe concludes.
“None of the petitions of electorates regarding alleged electoral abuse in the 2004 parliamentary elections have been brought to conclusion,” Irwin told the Mail & Guardian Online on Thursday.
“That means that Zimbabwe will choose a new Parliament in March without knowing whether all aspects of the previous elections have been conducted lawfully,” he added.
“Many of those within the system have been driven out by some kind of pressure, and much of the legal system of Zimbabwe has been subverted by the Zanu-PF government [of President Robert Mugabe], in an effort to frustrate the proper working of democracy and to hold on to power,” says Irwin, who was part of the delegation, in the group’s report on the visit.
“There are still judges and lawyers in the system that are very courageous and brave and act according to the law, but these people are in danger, which can even mean they fear for their lives.”
The report says it was clear to the delegation “that the judicial system in Zimbabwe has become profoundly compromised over the past four years”.
“It is not too late for Zimbabwe’s judiciary. There is still a legal system, courts operate and judges rule. If the political will is there, Zimbabwe can still be a democratic operating state abiding by the rule of law,” Irwin told the M&G Online.
“But governments in the region and especially the South African government should speak out against what is happening in Zimbabwe. How can Mbeki keep quiet? We cannot forget about Zimbabwe.
“And I think that even in Zimbabwe itself there are political voices that want to speak up and make sure that the rule of law is restored.
“Does Mugabe want to end his career as a tyrant? He was always seen as the liberator, and that image is changing to that of a tyrant. Is that really what he wants?”
“We are lawyers and we have no political interest whatsoever. We care about the legal system of Zimbabwe.”
Other members of the delegation were Glenn Martin, president of the Queensland Bar Association in Australia; vice-chairperson of the South African Bar Justice Poswa; vice-dean of the Faculty of Advocates of Scotland Roy Martin; and Conor Maguire, chairperson of the Irish Bar.
Some judges have even been given land at nominal rents under the government’s farm-reallocation scheme, the report states.
Magistrates and prosecutors perceived as unsympathetic to Mugabe’s government also have faced attacks on their families and property, it says.
“The legal culture has been subverted for political ends.”
Zimbabwe is facing its worst political and economic crisis since independence, with Mugabe’s autocratic regime cracking down on dissent ahead of parliamentary elections in March.
Agricultural production has collapsed in the four years since Mugabe ordered the seizure of about 5Â 000 white-owned commercial farms for redistribution to black Zimbabweans.