NewsDay (Zimbabwe)

Mnangagwa regime continues to score own goals

- — ISS Today

PRESIDENT Emmerson Mnangagwa’s regime continues to present itself in the worst possible light at home and internatio­nally. His government seems to be casting any pretence of reform to the wind.

Recent attacks and threats against the Judiciary add to the harm already caused by an apparent wilful disregard for the rule of law and property rights. Since deposing former President Robert Mugabe in 2017, the Mnangagwa administra­tion has failed to live up to its mantra of a “new dispenthe sation”.

There has instead been an increased clampdown of the civic space and arbitrary arrests of journalist­s and human rights activists.

Recent events involving Chief Justice

Luke Malaba depict a well-thought-out plan to weaken vital institutio­ns such as the

Judiciary and fill the courts with judges beholden to the Executive.

Malaba’s term was supposed to end on his May 15 birthday, as the Constituti­on states that a judge should retire when she or he turns 70.

Using its majority of seats in Parliament and with the help of a purged opposition, the ruling party fasttracke­d a new constituti­onal amendment in record time.

Among others, it sought to extend Malaba’s term past the age limit. But a landmark ruling by three

High Court judges that ran through the night and ended in the early hours of Malaba’s birthday ruled against extending his term of office. Realising that the court had scuppered government’s plan to extend the chief justice’s tenure,

Justice minister Ziyambi Ziyambi spewed vitriol and issued veiled threats against the judges involved.

Ziyambi accused the High Court judges of being captured by foreign interests and threatened them with unspecifie­d action.

This was a chilling reminder of the

Mugabe years when ministers targeted and abused then Chief Justice Anthony Gubbay’s bench with impunity.

Back in early 2001, then Chief Justice

Gubbay was harassed by war veterans and

Zanu PF members who threatened to invade judges’ homes.

This culminated in his forced resignatio­n in

March 2001.

To cover the Justice minister’s miscalcula­ted attacks on the judges, Mnangagwa’s office published a Press statement a few days later, seemingly in defence of the independen­ce and integrity of Judiciary.

The statement, however, did little to mask the contempt that both his administra­tion and the Zanu PF party seem to have for human rights and the rule of law.

Another example of this stance is government’s May 18 vote against United Nations General Assembly Resolution A/75/L.82.

The resolution calls on States and the internatio­nal community to prevent and protect citizens against war crimes, genocide and crimes against humanity.

With grave crimes dating back to Gukurahund­i in the 1980s still unresolved, Zimbabwe’s vote shows a lack of reform and remorse and no intention to align with internatio­nal precepts on human rights and human security.

These decisions undermine any chance of citizens and internatio­nal investors gaining confidence in the government.

Zimbabwe has for over two decades developed a reputation for being anti-constituti­onalism and the rule of law. It also has a history of the State ignoring court rulings, especially on matters of property and human rights.

For such a country, appearance­s are critical. Ziyambi’s attacks on the judges and the plot to fast-track a constituti­onal amendment to benefit a sitting chief justice call into question the government’s intention to strengthen the Judiciary. And a robust bench is pivotal to rebuilding the economy.

The private sector and internatio­nal investors, in particular, need to know that the judiciary will make sound judgments based on law and free from intimidati­on. Most importantl­y, they must be assured that the courts’ rulings will be respected and enforced.

Zimbabwe has a long way to go to convince its citizens and the world that a former pariah State is on the path to progressiv­e reform.

After three years in office, the current administra­tion continues to score own goals and squander any goodwill received after the military-assisted transition of November 2017.

The country keeps missing opportunit­ies to set itself on a genuine path of reform. With these actions, any hope for a rebounding economy and full integratio­n into the internatio­nal community continues to fade.

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