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Law Society remains committed to the rule of law PDF Print E-mail
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Written by anesu chiwaura   
Tuesday, 12 January 2010 10:35
The country of Zimbabwe has been faced by multiple threats to its well being and that of its people. This has resulted in the collapse of good governance, socio economic and political. To this end the judiciary system continues to degenerate and this has resulted in an unjust and undemocratic society, with a massive human rights violation and decline of the rule of law. Rule of law also known as supremacy of law states that the law is above everyone and such applies to all people equally .The rule of law is a foundation for both liberties and order in the country at any given time. It is the heartbeat of democracy and is a performance indicator against which government‘s ability to uphold constitutional values, laws of the land and customary international laws. Rule of law protects people from arbitrary powers of the executive. Since 2000 there has been sharp decline of rule of law and no attempt by government to abide by it .Thus the Law Society  of Zimbabwe (LSZ) has seen it imperative and necessary to agitate for its respect and  restoration in order for all people to be accorded protection by law and full realization of their fundamental rights. LSZ has campaigned for the independence of the judiciary, the restoration of rule of law, good governance and democracy and respect for human rights. In doing so the Law Society has been engaged in a number of programmes on the strengthening of the rule of law in Zimbabwe.

In 2001 the LSZ was recognized as an organization dedicated to judicial integrity and rule of law in Zimbabwe, a nation where both have been systematically compromised and undermined by political interferences .The LSZ was chosen as a joint recipient of the inaugural Justice Prize of the Peter Gruber Foundation together with former Chief Justice Antony Roy Gubbay .The ceremony took place on the 29th of November 2001 at Runnymede, England. The LSZ was represented by Mr. Sternford Moyo who was at that time the president of the LSZ .The LSZ showed commitment in protecting and enforcing the rule of law at the same time resisting government encroachment against judicial independence and of the legal profession. The LSZ has been a staunch supporter of an independent judiciary, respect for rule of law and human rights.Peter Gruber founder of the foundation that bears his name had this to say, “The Peter Gruber Foundation is pleased to recognize and honour Justice Gubbay and the LSZ.Both have shown remarkable courage and integrity in the face of overwhelming pressure to ignore rule of law.”

In its endevours to promote rule of law, the LSZ came up with a rule of law award which was named after Professor Kamba.On Wednesday 14 January 2009 the LSZ hosted the Walter Kamba Rule of Law Award and Dinner at the Crowne Plaza Hotel in Harare. This was a brain child of the LSZ Council in keeping with its mandate and mission which encapsulates commitment to justice and the rule of law. The prestigious award was launched to pay tribute to the late Professor Walter Joseph Kamba, a law professor of note, a brilliant scholar and one of the most professional and dedicated educationists in Zimbabwe. He was the driving force behind the expansion and transformation of the University of Rhodesia into the University of Zimbabwe (UZ) of the post-independence era.

The inaugural award was bestowed upon Justice Sandura.Justice Sandura stood firm in support of liberty, truth and justice even in the face of opposition and oppression. His work as a judge worthy the prestige recognition, as honesty and creative fulfillment of duty in the development of judiciary, strengthening democracy and the rule of law in Zimbabwe. Justice Sandura who has served on the bench for a total of 26 years becoming the most experienced judge has been sidelined and became unpopular because of his unwaived and uncompromised professional independence and integrity. Justice Sandura has shown courage in defending the rule of law far back as the 1980’s when he became a household name as the chairman of the Sandura Commission which was appointed to probe top level corruption in government at the height of the Willowgate Scandal.

In 2002 Sandura distanced himself from Chidyausiku over the issues of compulsory accreditation and punishment of journalist under Access to information and Protection of Privacy Act (AIIPA).Sandura said that compelling journalists to register was clearly ultra vires the Constitution as violated section 20 of the Constitution. In 2005 Sandura broke ranks with four other judges in a high profile case involving misconduct by another judge. He stated that the President had erred in using his powers to select members of a tribunal set –up to probe the alleged misconduct by a high court judge.


 Accordingly it was unanimously agreed by counselors that Sandura was the embodiment of all that Prof Kamba stood for. As Zimbabwe’s most experienced Supreme Court judge; Justice Wilson Sandura became the first person to receive the just inaugurated Professor Walter Kamba - Rule of Law Award. He immediately pledged amid applause to “truly serve Zimbabwe as a judge without fear or favor”.
In attendance were Mrs. Angeline Kamba, members of the judiciary and senior members of the legal profession. The award was presented by Mayor Muchadei Masunda, himself a lawyer by profession in recognition of Justice Sandura’s firm stance in support of liberty and justice in the face of oppression. Lawyers said it was a mark of distinction for exemplary, honest and creative fulfillment of duty in the development of the judiciary, strengthening of democracy and the rule of law in Zimbabwe.

The LSZ managed to appreciate the opportunity presented by the Award Ceremony as giving vent to its voice in the fight for professional independence both in the judiciary and above all of the legal profession, which is seen as the key to observance of the rule of law, separation of powers and ultimate democracy leading to efficient justice delivery, good governance and stability in Zimbabwe.

In October 2007 the LSZ and its members in bid   to uphold rule of law in the country launched a report called Self regulation at a crossroads. The report chronicles the attacks on the lawyers and independence of the legal profession in Zimbabwe. It highlights the dramatic deterioration in the rule of law and respect of human rights in Zimbabwe. The report lays bare the systematic persecution of the members of the legal profession through threats, surveillance, violence and torture. It also outlines government‘s attack on the independence of the legal profession in the context of a lack of accountability of the state and a complete breakdown in the rule of law.

For its uncompromised stance on the rule of law and justice the LSZ has been relentlessly and unjustified attacked by some propagandists of the government.

The LSZ , which leads  a strong , independent legal profession which is committed to the fundamental principles of rule of law  has a unique responsibility to protect  lawyers as human rights defenders and this places it at the front line of human rights defending in Zimbabwe. The recent persecution of lawyers in Zimbabwe which shall be expanded below is looked at by the Council of the LSZ in this context.

1.    On 6 August 2006, The Sunday Mail  contained an opinion titled “Lawyers’ body fights for return of Rhodesia” where the operative message is stated thus: “It is in this context that Zimbabweans who accept the call to reclaim and revalue African Society and its assets must also face the fact that the leadership of the LSZ is still fighting either for the restoration of the Rhodesian Past or at least for the foreign sponsored regime change project to reverse the African revolution.

What is the basis for such an allegation? We cite a few illustrations: The current leaders of the LSZ have been harassing legal practitioners with whom they disagree ideologically, especially those lawyers who have participated or who accept and celebrate the achievements of the Second and Third Chimurenga.

Using Rhodesian and neo-Rhodesian law firms, leaders of the LSZ have been making efforts to de-register African lawyers who have benefited from the African land reclamation movement, accusing them of theft of property and ethnic cleansing. In March 2005, leaders of the LSZ issued a prejudicial and prejudiced statement condemning the parliamentary elections as not free and fair before the elections had yet been conducted. Their reason for conducting the elections ahead of time was that the Access to Information and Protection of Privacy Act and the Public Order and Security Act made it impossible to conduct free and fair elections in Zimbabwe”.

2.    On 12 August 2006, Nathaniel Manheru (As he then was)  contributed an article in The Herald  titled “A Lawless Society” where the operative message was thus phrased: The Law Society, we are told, is building human rights cases against the ongoing crackdown against money launderers. Again, the ‘Dictatorial Mugabe government’ is trampling upon the sacred rights of Zimbabweans, Arnold Tsunga’s Law Society opines. Really? Which takes you to the heart of the matter (sic). Remember we are dealing with sponsored destabilization of the economy, and one inspired by politics of regime change…We seem in for exciting times which will yield new mores in national politics. And the Law Society as presently constituted will be part of the smoldering debris”


3.    Also in August 2006, Nathaniel Manheru wrote a piece in The Herald titled “Arnold Tsunga: The Bellwether of imperialism” where the key message was framed thus: After independence a good number of key institutions designed to defend and to propagate white settlerism, remained defiantly untransformed, pushing for a neo-colonial model state. One of those was the Law Society of Zimbabwe, which remained trenchantly white, albeit decorated by black faces at the helm. Of course there were a few well meaning black lawyers who sought to validate transformative leadership, and Arnold Tsunga, its present president sounds like not one of them”.

4.    On 8 October in The Sunday Mail Dr. Tafataona P. Mahoso wrote an opinion piece titled “Law Society Leaders’ veil of deniability” where the key message driven home is: “As professionals, and when it is in their interest, lawyers are very particular about who is empowered to speak for whom, where, how and why. In being so particular they promote accountability, transparency and clarity. This is the reason why in this column we have raised questions about the extent to which the general membership of the Law Society has authorized or not authorized leaders of that Society to engage in partisan and sectarian ‘civic activities’  in the name of the Society. These leaders disappear behind a veil of deniability when challenged to show that their sectarian views, indeed, represent the LSZ”.

5.    On 31 January 2007 the Herald had a title: “Law Society okays Madhuku’s Readmission” where the operational phrase read: ´The society also elected well known government critic Ms Beatrice Mtetwa as its president during its Council {meeting} held on Monday, a development that has been viewed by observers as the society’s resolve to be confrontational with the Government. Political analyst, Dr Tafataona Mahoso, said critics of the LSZ had been right that the group was biased and sympathetic to its political ally. ‘The critics who said {Madhuku} would have an easy sail have been proven right and that the decision itself is ideologically and politically-biased and we would hope that the bias would just be limited to Dr Madhuku alone and not other issues,’ said Dr Mahoso in an interview”

6.    On 11 May 2007 the Herald had an article titled “LSZ: A guild without lawyers” by Nathaniel Manheru where the key message read thus: “Ugly, jilted and lonely, Beatrice Mtetwa’s Law Society badly needs lawyers and the rest of Zimbabwe, never mind that it tells the world it is a bona fide Zimbabwean organization representing well over 1000 lawyers. Until its latest circular which has turned out to be a costly misadventure, this legal fossil from racist Rhodesia’s yesterdays had never had its claim in respect of lawyers challenged and tested. Now we know and hey, beyond its shrewish style, it passes for little or nothing to most lawyers. Lawyers do not own it. Remnant Rhodesian law firms do, alongside a raft of regime-change machinery set up by the British, Americans and like-minded Europeans. Equally, beyond the activists at its helm, it owns no lawyers, the majority of whom have long felt orphaned and embarrassed by its repeated indifference and indiscretion respectively. It is a Rhodesia fossil, one stale and ashen”.

Despite all these unwarranted and frivolous attacks the LSZ has taken a consistent approach to its support of rule of law and respect for human rights.
Last Updated on Tuesday, 12 January 2010 10:45