ZIMBABWE’S JUSTICE SYSTEM: A TOOL OF OPPRESSION OR A GUARDIAN OF PEACE?

In Zimbabwe, the criminal justice system, encompassing the police, courts, and corrections, is entrusted with a formidable task: to enforce the law, protect the public, arrest suspected law violators, and prevent crime. Ideally, the system’s purpose extends beyond mere arrests, prosecutions, and punishments; it aims to prevent crime and foster a peaceful, law-abiding society. However, the reality in Zimbabwe starkly contrasts with these objectives, revealing a justice system that has faltered in ensuring public safety and equity.

The system’s apolitical façade has crumbled, unveiling its true nature as a politically driven apparatus for suppressing dissent and perpetuating human rights abuses. Instead of serving as a bulwark against social, political, and economic injustices, the justice system in Zimbabwe has morphed into a weapon wielded against political opposition and activists. Those daring to highlight the nation’s socio-economic and political grievances are often silenced behind bars, a stark deviation from the system’s intended purpose of safeguarding a just and free society where equality reigns supreme.

International concern over this misuse of power has been voiced by the International Commission of Jurists (ICJ), which has called upon the Zimbabwean government to halt its practice of charging human rights defenders with “subverting a constitutional government.” This charge, criticized for stifling fundamental freedoms, exemplifies the government’s strategy of using the legal system as a tool of persecution. Arnold Tsunga, ICJ’s Africa Director, has condemned the oppressive use of law, which not only contravenes the Zimbabwean Constitution but also violates international human rights standards.

The arrest and detention of Hopewell Chin’ono, an award-winning journalist, and Jacob Ngarivhume, leader of Transform Zimbabwe, underscore the justice system’s role in stifling transparency and accountability. Both were accused of inciting public violence for their roles in exposing corruption and calling for protests. Their treatment contrasts sharply with that of former officials accused of serious crimes but granted bail, highlighting a justice system compromised by political bias and a lack of independence.

The state of Zimbabwe’s prisons further illustrates the justice system’s brutality and neglect. Chikurubi Maximum Prison, notorious for its dire conditions, exemplifies how the system has become a mechanism for the inhumane treatment of those considered state enemies. Overcrowding, poor sanitation, and inadequate healthcare mirror the broader issues of a justice system that punishes rather than rehabilitates, betraying its foundational principles.

Legal accountability and the rule of law have been eroded under the current government, with victims of human rights abuses, particularly supporters of the opposition MDC, being systematically denied justice. This culture of impunity, rooted in the country’s political history, continues to undermine the integrity of justice institutions, transforming them into instruments of repression. The need for reform is urgent, not only to restore political normalcy but also to ensure the respect for human rights in Zimbabwe.

The episode of white Zimbabweans being forcibly evicted from their farms in the early 2000s further illustrates the justice system’s failure to protect citizens’ rights, reflecting a deeper erosion of constitutionalism and legal fairness. Such actions, driven by political motives and benefiting a select elite, underscore the urgent need for the justice system to reclaim its role as a protector of all citizens, regardless of political affiliation.

In conclusion, Zimbabwe’s justice system stands at a crossroads. Can it transcend its current role as an instrument of oppression to become a true guardian of peace and justice? The path forward requires a fundamental reassessment of its functions and a committed effort to reform, guided by the principles of fairness, transparency, and accountability. Only then can it fulfill its noble purpose of safeguarding a peaceful and just society.