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28 May 2008
THREATS TO AND ATTACKS ON THE JUDICARY UNACCEPTABLE
Zimbabwe Lawyers for Human Rights (ZLHR) wishes to express its concern about recent attacks against human life and property which continue to be perpetrated with impunity.
ZLHR has confirmed that a motor vehicle belonging to a Gutu Resident Magistrate, Musaiona Shortgame, which was parked outside his home in Mupandawana Growth Point was burnt and reduced to a shell at around 02:00hrs on 21 May 2008.
Several threats on his life have been made
recently, and he was also accused of allegedly failing to hand down
judgments that were favorable to ZANU PF. Mr. Shortgame had been
presiding over several cases of political violence in the past weeks.
ZLHR remains greatly concerned about the attacks and the personal
security of Mr. Shortgame and other judicial officers across the
country. We condemn all forms of political violence, particularly arson,
as well as threats and intimidatory tactics directed at members of the
judiciary. It is worth noting that this is not the first time that the
judiciary has been attacked and/or intimidated in the last few years in
Zimbabwe.
The impartiality and independence of the judiciary must be upheld at all times and not undermined. Judicial officers have a fundamental right to be protected against malicious attacks from any source during the course and scope of their employment, or as a result of decisions they make after a fair assessment of facts and evidence in relation to cases before them.
The independence of the judiciary as enshrined in
Zimbabwe's supreme law, the Constitution, and as articulated in the
major regional and international human rights instruments to which
Zimbabwe is a State Party, is a core principle of any democratic
society. Such independence is basic to any concept of justice and to the
rule of law.
ZLHR urges all individuals to desist from engaging in any acts of violence against the judiciary which have the effect of undermining their independence and further eroding the rule of law in Zimbabwe, as well as interfering with the court's duty to extend protection to all individuals in terms of the law, no matter their station in life and/or their political affiliation.
ZLHR demands the immediate cessation of all threats to and attacks on
judicial officers' well-being and independence. Further, the Regional
Magistrate, the Chief Magistrate and officials in the Ministry of
Justice, Legal & Parliamentary Affairs who bear responsibility for
ensuring the safety, well-being and independence of magistrates must be
seen to be taking strong action against such attacks in order to make it
clear that they will not be tolerated and to counter the ongoing culture
of impunity for such attacks.
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