Annex 2
IBA HUMAN RIGHTS INSTITUTE MEDIA ANNOUNCEMENT
[For Immediate Release, 8 March 2002]
The IBA's Human Rights Institute expresses
its dismay at the Zimbabwe Government's disregard for the rule
of law
The International Bar Association's (IBA) Human
Rights Institute condemns the disregard shown by the Government
of Zimbabwe for the role of the courts, which has been exacerbated
by the resignation of yet another highly respected member of the
judiciary.
Justice Ebrahim announced his resignation on
2 March 2002 shortly after presiding over a Supreme Court Ruling
that the General Laws Amendment Act has been enacted illegally.
Following this decision on 27 February 2002, Justice Ebrahim brought
his 12-year career as a Supreme Court Judge to an end, without
explanation. Minister for Justice, Patrick Chinimasa, in a report
in the Herald newspaper, confirmed that Justice Ebrahim
would be leaving in May. No reason was given for his resignation.
The Judge had ruled to reject legislation proposed
by the Government that required greater restriction of election
monitors and which increased the powers of State election officers.
President Mugabe signed a decree on Tuesday 5 March, using presidential
powers that overruled the judgement laid down by the Supreme Court.
Justice Ebrahim was one of the many judges with
whom the IBA delegation met during its mission to Zimbabwe between
12 and 18 March 2001 to investigate claims of attacks on the judiciary
and the rule of law. Following its visit the delegation concluded
that the rule of law was in grave peril, and that the independence
of the judiciary was under threat. The delegation sought assurances
from the Government that measures would be taken to ensure the
judges were protected. The Government gave those assurances to
the delegation. The delegation recommended that the decisions
made by the courts were complied with, in accordance with internationally
recognised standards. IBA is concerned that the Government's actions
disregard Article 4 of the UN Basic Principles on the Independence
of the Judiciary, which states that:
"There shall not be any inappropriate or
unwarranted interference with the judicial process, nor shall
judicial decisions by the courts be subject to revision. This
principle is without prejudice to judicial review or to mitigation
by competent authorities of sentences imposed by the judiciary,
in accordance with the law."
The action taken by President Mugabe in signing
the decree clearly shows that the Government feels that it does
not have any need to accede to the law laid down by its highest
Court.
This latest resignation demonstrates the Government's
complete failure to comply with the assurances it made in March
2001 to the delegation. The latest overruling decree produced
by the Government actively undermines the judiciary and rejects
the rule of law, disregarding the explicit pledge made by the
Zimbabwean Government as signatory to the Harare Declaration,
to establish a national system based on the rule of law and the
independence of the judiciary.
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