DEVELOPMENTS IN ZIMBABWE A THREAT TO PEACE, DEMOCRACY AND RULE OF LAW IN AFRICA, SAYS UN RIGHTS EXPERT

24 September 2002




The following statement was issued today by the Special Rapporteur on the independence of judges and lawyers of the United Nations Commission on Human Rights, Dat’o Param Cumaraswamy:

The United Nations Special Rapporteur on the independence of judges and lawyers once again expresses his outrage over the further deterioration of the rule of law in Zimbabwe. The latest arrest, detention and charges preferred against retired High Court Judge Blackie for alleged corruption and obstruction of justice and the dismissal by the High Court of the judge’s application for habeas corpus are yet another clear systematic attack on the basic fabric of democracy i.e. the rule of law in Zimbabwe.

There is reasonable cause to believe that this latest arrest, detention and charges against Justice Blackie are an act of vendetta by the Government over the earlier conviction of and sentence of imprisonment and fine imposed on the Minister of Justice, Patrick Chinamasa, on July 17 by Justice Blackie for contempt of court. That same conviction and sentence was subsequently set aside by a Supreme Court judge.

When judges can be arrested, detained and charged on trumped up facts for exercising their judicial functions then there is no hope for the rule of law in such countries. It is a blatant and wanton breach of Principle 2 of the United Nations Basic Principles on the Independence of the Judiciary. Principle 2 provides:

“The judiciary shall decide matters before it impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason”

The Special Rapporteur also views with grave concern a recent ruling of the High Court refusing the official opposition for access to the voters’ roll in a pending court action challenging the legality of the recent Presidential elections. The voters’ roll must necessarily be a crucial and material evidence in the action. He has learnt that an appeal from that order will be heard by the Court of Appeal on October 1, 2002.

The Special Rapporteur has further learnt that President Mugabe recently has threatened the shadow Minister of Justice, Bulawayo attorney, David Coltart, saying that the only place in Zimbabwe for him, (David Coltart) will be in prison.

The Special Rapporteur in no less than five previous occasions publicly expressed his grave concerns over the deterioration of the rule of law in that country. The Government obviously is impervious to international concerns and outrage.

The Special Rapporteur once again calls on the international community to continue its pressures and double its efforts to get the Government of Zimbabwe to comply with its obligations under the Constitution and international law. The prevailing lawlessness in the Government is not only a menace to the people of Zimbabwe but if allowed unabated could threaten peace, democracy and the rule of law in the African region.




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