Robert Mugabe loses immunity

PRESIDENT Robert Mugabe and any future heads of State in the country have lost immunity from prosecution in the new draft constitution that is set to become the country's supreme law should it be approved in the forthcoming referendum without amendments.

According to the draft constitution clause dealing with Presidential immunity, a seating President is not liable to civil or criminal proceedings in any court for any acts of commission or omission done in his or her personal capacity, but the rules change upon leaving office.

In relation to President Mugabe, the clause is a departure from sentiments that had been expressed by his former rivals who had argued any action against him after he passes the baton may destabilise Zimbabwe.

The Zanu-PF leader is the country's second President after independence in 1980 after having acted as the executive Prime Minister between 1980 and 1987, a period during which the late Canaan Banana was the founding ceremonial president.

"Civil or criminal proceedings may be instituted against a former President for things done and omitted to be done before he or she became President or while he or she was President.

"The running of prescription in relation to any debt or liability of the President arising before or during his or her term of office is suspended while he or she remains in office," reads part of the constitution.

"In any proceedings brought against a former President for anything done or omitted to be done in his or her official capacity while he or she was President, it is a defence for him or her to prove that the thing was done or omitted in good faith. Civil or criminal proceedings may be instituted against a former President for things done and omitted to be done before he or she became President or while he or she was President."

However, a sitting President may choose to pardon his or her predecessor as the constitution grants him or her power of mercy over any citizen convicted of any crime.

However, the Clemency Order is issued after consultation with cabinet and besides granting a pardon to any person convicted of an offence it also gives the incumbent the right to substitute any imposed sentence with a less severe punishment.

In addition, the incumbent may suspend for a specified period or remit the whole or part of a sentence for any offence, besides declaring any sentence imposed on a Zimbabwean by an outside jurisdiction as a nullity in terms of the country's constitution.

Previously, even President Mugabe's rivals had spoken about the need to put mechanisms guaranteeing that he must not be charged for any perceived acts done during his rein for the stability of the country.

When the British Broadcasting Corporation's Stephen Sackur asked a senior member of the Movement for Democratic Change, David Coltart, on the issue of President Mugabe's immunity, the latter said he was of the view that a safety guarantee must be given.

"I have much deeper human rights than political roots. I was a human rights lawyer before going into politics, so the thought of granting amnesty to people guilty of war crimes is anathema, but that is a personal view. We have to take a practical decision; we have to weigh up whether it is worthwhile pursuing a prosecution against President Mugabe," said Coltart.

"We have to bring an end to that and the price we may have to pay may be to grant President Mugabe amnesty if it is going to bring an end to this calamitous situation that we face and provide him with a safe and secure way out."