Zimbabwe's Law: Equality Or Inequality?

Zimbabwe's legal system is a hybrid, or plural, system, with laws adopted from foreign jurisdictions during the colonial era. The Constitution of Zimbabwe is the supreme law of the country, and any other law that is inconsistent with it is deemed void. The Constitution provides for an independent judiciary, but the government often does not respect judicial independence and impartiality. The government has also been criticised for its failure to abide by judicial decisions and for its selective enforcement of court orders.

The government has been accused of violating the right to privacy, family, home, or correspondence. The law permits the interception or monitoring of any communication, and the government has been accused of using this to stifle freedom of speech and target political and civil society activists.

The government has also been accused of restricting the right to freedom of assembly and association, particularly for political opposition and government critics. Rallies in support of the ruling party are generally unimpeded, while opposition members, unions, civil society activists, and street vendors often face arrests and, in some cases, police violence.

The government has also been accused of restricting the right to freedom of movement and the right to leave the country. White citizens, for example, face additional bureaucratic hurdles and requests for bribes to obtain a passport.

The government has also been accused of restricting the right to freedom of expression, including for members of the press and other media. Security forces, officials, and supporters of the ruling party routinely harass journalists, and the government has maintained censorship through media registration and accreditation laws.

The government has also been accused of restricting the right to freedom of religion.

The government has also been accused of restricting the right to political participation. Elections and Political Participation have been characterised as largely free of violence but not meeting standards for credible elections.

The government has also been accused of restricting the right to freedom of association and the right to collective bargaining. The law provides for the right of private-sector workers to form and join unions, conduct legal strikes, and bargain collectively, but the government did not effectively enforce these laws.

The government has also been accused of restricting the right to freedom from forced or compulsory labour. The law prohibits forced or compulsory labour, including by children, with exceptions for work for the national youth service and forced prison labour.

The government has also been accused of restricting the right to freedom from child labour and the right to acceptable conditions of work.

The government has also been accused of restricting the right to freedom from discrimination with respect to employment and occupation. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, HIV status, and, for civil servants, political affiliation.

The government has also been accused of restricting the right to freedom from arbitrary or unlawful interference with privacy, family, home, or correspondence.

The legacy of colonial-era laws

Zimbabwe's legal system is a hybrid or plural system, which means that it adopted laws from foreign jurisdictions, primarily British (English Law) and Roman-Dutch Law, during the colonial era. This colonial legal framework continues to influence Zimbabwe's current legal system, with the Lancaster House Constitution of 1979 still serving as the Supreme Law of the country. The Constitution sets out the state structure, bill of rights, judiciary, legislature, and other administrative organs.

The colonial-era laws in Zimbabwe were often discriminatory and favoured the white minority over the black majority. One example is the Land Apportionment Act of 1930, which restricted black land ownership and led to widespread inequality. This act was a key factor in the land reform programme initiated in 2000, which involved the confiscation of white-owned farms.

The education system in Zimbabwe was also influenced by colonial-era laws. During the colonial era, education was segregated, with separate schools for white and black students. The quality of education was also unequal, with white students receiving a superior education compared to their black counterparts. This has had long-lasting impacts on Zimbabwean society, with white Zimbabweans continuing to hold privileged positions in various sectors.

The political landscape of Zimbabwe was also shaped by colonial-era laws. The Lancaster House Agreement of 1979, which led to the country's independence, established a power-sharing agreement between the white minority and black nationalist forces. However, this agreement ultimately failed to address the deep-rooted racial inequalities and led to continued political instability.

The role of the judiciary

The judiciary plays a crucial role in ensuring the smooth flow of the rule of law in Zimbabwe. It is at the apex of ensuring that the separation of powers is observed and practiced. The judiciary provides checks and balances in the exercise of power by the executive and legislative arms of the state.

The judiciary in Zimbabwe comprises the Supreme Court, the High Court, the Administrative Court, Magistrates' Courts, the system for the administration of the courts, the office of the Attorney General and associated public prosecutors, and the legal profession.

The Constitution of Zimbabwe contains various provisions relevant to the judiciary, providing for the separation of powers between the executive and the judiciary, the composition of the judiciary, and judiciary independence. The Constitution establishes a legislative assembly consisting of elected representatives of electoral districts. It also provides for the election of a Speaker and Deputy Speaker of the Assembly.

The independence of the judiciary is guaranteed by the State and enshrined in the Constitution or the law of the country. All governmental and other institutions are duty-bound to respect and observe the independence of the judiciary. The judiciary is to decide matters before them impartially, based on facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats, or interferences.

The judiciary has jurisdiction over all issues of a judicial nature and has the exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law. There shall be no inappropriate or unwarranted interference with the judicial process, and judicial decisions by the courts shall not be subject to revision.

The process of appointing senior judiciary members in Zimbabwe is not formally the exclusive preserve of the executive or legislature. However, in reality, the executive has massive influence over the appointment of judges to superior courts. The ouster of judges is also done through unorthodox means, negating the concept of judicial independence.

The remuneration of judicial officers in Zimbabwe is inadequate, given the current economic meltdown. This paves the way for corrupt activities within the system, as judges and magistrates are easily bribed to rule in favor of the accused.

The impact of the land reform programme

The land reform programme in Zimbabwe has had a profound impact on the country's economy, society, and politics. Here are some key aspects of its impact:

Economic Impact

The land reform programme disrupted the commercial agriculture sector, which previously contributed significantly to Zimbabwe's economy. The programme aimed to address the imbalance in land ownership, with landless blacks as the intended beneficiaries. However, the programme's implementation was criticised for being disorderly and lacking timely access to necessary resources like farm machinery, equipment, seeds, and water for irrigation. This disruption, combined with droughts and a drop in external financing, led to a sharp decline in agricultural exports, traditionally Zimbabwe's leading export sector. The country experienced food shortages, and there was a significant drop in total farm output, contributing to instances of starvation and famine.

The land reform programme also impacted Zimbabwe's tobacco crop, previously the country's main agricultural export. By 2008, tobacco production had collapsed to just 21% of the amount produced before the programme. However, the introduction of the contract system in 2005, where international tobacco companies contracted with small-scale farmers, helped revive production. By 2019, Zimbabwe's tobacco production had increased significantly, though at the cost of a decline in the quality of the tobacco produced.

Social Impact

The land reform programme led to significant social upheaval and displacement. Around 4,500 white-owned commercial farms were confiscated, and an estimated 200,000 farmworkers lost their jobs, resulting in widespread unemployment. The programme also caused a decline in living standards, with three-quarters of the remaining population living on less than one US dollar a day by 2003. There was also an increase in the use of child labour, especially in the growing of sugarcane, as poverty levels rose.

The programme further exacerbated existing gender inequalities in Zimbabwe. Despite efforts to promote gender equality, traditional cultural beliefs and practices often placed women in a secondary role. The programme's implementation did not adequately address these issues, and women continued to face challenges in exercising their rights, accessing education and employment opportunities, and escaping gender-based violence.

Political Impact

The land reform programme had far-reaching political consequences, both domestically and internationally. It led to the marginalisation of the white minority, who previously held a disproportionate amount of fertile agricultural land. This, combined with the programme's negative economic impact, resulted in significant political instability and contributed to the eventual ousting of President Robert Mugabe in a coup in 2017.

Internationally, the programme strained Zimbabwe's diplomatic relations, particularly with the United Kingdom, as foreign investors and donors became increasingly critical of the programme's implementation. The United States imposed economic sanctions on Zimbabwe through the Zimbabwe Democracy and Economic Recovery Act of 2001, freezing credit to the country.

The role of the police

The police are a constituted body of persons empowered by a state with the aim of enforcing the law and protecting the public order as well as the public itself. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. The police enforce the law, and this power brings great responsibility.

Equality and Due Process

Police conduct must not vary on account of race, religion, national origin, immigration status, age, sexual orientation, gender, gender identity, or other status. Every person is entitled to equal treatment, respect for their constitutional rights, and due process of law. Fairness, respect, and professionalism enhance public safety as they enhance public support and cooperation.

Training and Education

To ensure equal and just treatment of all persons, departments must provide consistent training on impartial policing, anti-discrimination principles, and cultural literacy. Members of the community must be included as teachers in the training process and given an opportunity to assist in curriculum development so that a community perspective is part of the mandatory training for all recruits and veteran officers.

Recruitment and Retention

To the extent possible, police officers should be a part of the community they are sworn to protect, in some way. Departments should develop recruitment and outreach plans and goals that reflect the mission of serving the public with a police force that encompasses the diversity of the residents it serves. Departments’ outreach strategies need to reach the target populations in order to achieve greater diversity.

Supervision, Review, and Accountability

Of course, training and systems for reinforcing bias-free policing are only the first steps in ensuring officers are fulfilling their duties to all whom they serve. Supervisors are responsible for monitoring law enforcement activities under their supervision to ensure that bias-free policing is practiced. And supervisors have an obligation to ensure the timely and complete review and documentation of all allegations of such violations.

Stops, Searches, and Arrests

Stops, searches, and arrests have been areas of continuing concern regarding unbiased policing. Assessing stop, search, and arrest practices can help departments ensure that their enforcement strategies are not producing unjustified disparities as to particular groups.

Hiring, Promotion, and Retention

Departments should develop recruitment and outreach plans and goals that reflect the mission of serving the public with a police force that encompasses the diversity of the residents it serves. Departments should consider the diverse communities they serve in determining whether additional policies focused on certain groups of residents would help remove bias in policing and add to officers’ understanding of the diverse populations that they serve.

Fighting Hate Crime

Fighting hate crime is a good example of where huge progress has been made, but there is more to do - particularly in relation to people with disabilities. Hate crime has an especially severe effect on the individual, but the fear it brings easily spreads to affect whole communities. And the more a force knows about the needs of its communities, the better it will be able to fight these crimes.

The impact of the Patriotic Bill

The Criminal Law (Codification and Reform) Amendment Bill 2022, commonly referred to as the "Patriotic Bill", was signed into law by President Emmerson Mnangagwa in July 2023. The bill, which was passed by the lower house of the National Assembly in May 2023, criminalises damaging the national interest of Zimbabwe or criticising the government. The consequences for breaking the law include the removal of citizenship and the death penalty.

The bill also opens a gateway for legal propaganda in the name of pushing a positive narrative that paints the country in a good light. Media outlets, especially state media, will align themselves with the provisions of the bill, and what people see on state television will be dictated by the individual at the top who determines what constitutes false information and patriotic or unpatriotic behaviour. This will result in the distortion of facts for audiences in order to push a one-sided, "positive", partisan agenda.

The bill is also inconsistent with the Constitution and fails to meet the requirements of legality, proportionality, and necessity.

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