News / National
Mugabe's Supreme court loss 'not a return to the rule of law'
27 Jul 2012 at 06:03hrs | Views
A human rights activist in Zimbabwe has warned that it is too early to celebrate the country's return to the rule of law, after Robert Mugabe lost another court challenge this week.
On Tuesday Mugabe lost a Supreme Court appeal against Prime Minister Morgan Tsvangirai's legal bid over the unilateral appointment of governors that Mugabe made without consulting his fellow government leader.
Tsvangirai took Mugabe to the High Court for unilaterally appointing the country's 10 provincial governors in 2009 without any consultation, despite the Global Political Agreement (GPA) clearly stating that he is meant to.
The High Court ruled in Tsvangirai favour, but this decision was appealed by Mugabe's legal team, an appeal that has now been dismissed.
This is the second time in recent weeks that the Supreme Court has dismissed an appeal by Mugabe. Earlier this month the Court ordered Mugabe to call for by- elections, dismissing his appeal against a High Court order to do the same.
But Phillip Pasirayi from the Centre for Community Development in Zimbabwe (CCDZ) told SW Radio Africa on Wednesday that it is too early to call these developments a sign that the historically partisan judicial system is reforming.
"It is too early to celebrate that we are seeing a country returning to the rule of law. Just look at the continued impunity that we have seen, the ongoing partisan nature of the courts and the security sector. We are still a long way to achieving that state of affairs," Pasirayi said.
He said that security sector reform and an overhaul of the judicial system will be needed before the country can start celebrating a return to respect for the rule of law.
"There is a serious need for improvements in laws and institutions. For one, people on judicial positions are political appointees to the point that the courts are compromised," Pasirayi said.
He pointed to the ongoing detention of 29 MDC-T members accused of murdering a policeman in Glen View last year. The MDC-T has said the case is clear victimisation.
"Until we see these key changes that ensure real justice and fair trials for all, then we cannot say we have returned to the rule of law," Pasirayi said.
On Tuesday Mugabe lost a Supreme Court appeal against Prime Minister Morgan Tsvangirai's legal bid over the unilateral appointment of governors that Mugabe made without consulting his fellow government leader.
Tsvangirai took Mugabe to the High Court for unilaterally appointing the country's 10 provincial governors in 2009 without any consultation, despite the Global Political Agreement (GPA) clearly stating that he is meant to.
The High Court ruled in Tsvangirai favour, but this decision was appealed by Mugabe's legal team, an appeal that has now been dismissed.
This is the second time in recent weeks that the Supreme Court has dismissed an appeal by Mugabe. Earlier this month the Court ordered Mugabe to call for by- elections, dismissing his appeal against a High Court order to do the same.
But Phillip Pasirayi from the Centre for Community Development in Zimbabwe (CCDZ) told SW Radio Africa on Wednesday that it is too early to call these developments a sign that the historically partisan judicial system is reforming.
"It is too early to celebrate that we are seeing a country returning to the rule of law. Just look at the continued impunity that we have seen, the ongoing partisan nature of the courts and the security sector. We are still a long way to achieving that state of affairs," Pasirayi said.
He said that security sector reform and an overhaul of the judicial system will be needed before the country can start celebrating a return to respect for the rule of law.
"There is a serious need for improvements in laws and institutions. For one, people on judicial positions are political appointees to the point that the courts are compromised," Pasirayi said.
He pointed to the ongoing detention of 29 MDC-T members accused of murdering a policeman in Glen View last year. The MDC-T has said the case is clear victimisation.
"Until we see these key changes that ensure real justice and fair trials for all, then we cannot say we have returned to the rule of law," Pasirayi said.
Source - SW Radio
