LM Edition 351

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UNWARRANTED ATTACKS ON THE JUDICIARY UNACCEPTABLE

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ZIMBABWE Lawyers for Human Rights (ZLHR) is deeply concerned by the recent attacks directed at the judiciary by the state-run Herald and Sunday Mail newspapers and identified public figures, which brazenly interferes with the independence and integrity of this arm of government.

In articles published in the Herald on Saturday 27 August 2016, titled “Time Zanu PF Used Its Two Thirds Majority” and on Monday 29 August 2016, titled “Whither Zimbabwe’s Judiciary?” as well as the Sunday Mail of Sunday 28 August 2016, titled “The duty of the four estates” – the state-controlled media has resumed its long-standing and relentless attacks on the judiciary.

The articles, amongst other things, unfairly and unlawfully criticise a recent court order handed down on Friday 26 August 2016 by a High Court judge who interdicted Zimbabwe Republic Police (ZRP) officers from interfering with, obstructing or stopping a demonstration organised to demand significant electoral reforms by a coalition of legitimate political parties in the country in line with constitutionally guaranteed rights.

The comments and deliberate selection of words in these articles raise serious questions about the intentions of the media houses and those behind the writing and publication of the articles. Such statements are reckless and undermine the administration of justice and the independence and integrity of the judiciary. The pronouncements are inconsistent with the Constitution and cannot be said to be fair comment.

ZLHR considers such articles to be in contempt of court, unwarranted, calculated to bring the administration of justice into disrepute and designed to instill fear and reduce independence of mind and action of members of the judiciary.

Section 164 (1) of the Constitution provides that: “The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice”, while Section 164 (2) plainly provides that: “The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance.

As an organisation which strives to foster a culture of human rights and respect for constitutionalism, ZLHR:

  1. Calls upon journalists and media houses to fairly and accurately report on judicial processes and refrain from incendiary and intimidating comment and/or opinion which is clearly calculated to interfere with the functions and independence of the judiciary and to intimidate judicial officers from executing their judicial duties without fear or favour;
  2. Urges the government to take all necessary measures to ensure the protection of judges and to respect and defend the independence of the judiciary; and
  3. Calls upon the Judicial Service Commission to promptly take appropriate action and stern measures against the unrestrained and direct attack, intimidation and contempt of its judicial officers by members of the executive and legislature.

 

ENDS

Zimbabwe Lawyers for Human Rights

6th Floor, Beverley Court

100 Nelson Mandela Avenue Harare, Zimbabwe

Phone+263 4 764085/705370/708118

Email: info@zlhr.org.zw

www.zlhr.org.zw

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