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Judiciary Not Captured By The State – Ziyambi

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By Leopold Munhende


JUSTICE Minister Ziyambi Ziyambi Friday dismissed as disingenuous and perverts, people who make repeated and unsubstantiated claims Zimbabwe’s judiciary system was captured by elements linked to the ruling Zanu PF party.

Ziyambi was speaking at a ceremony to mark the separation of operations of the Supreme Court and the Constitutional Court in Harare.

“The establishment of the Constitutional Court as a separate court is a wish which Zimbabweans expressed when the new Constitution was enacted in 2013,” he said.

“To the Executive, this separation is a development which government has been eagerly awaiting and fully embraces. The independence exhibited by the judiciary of Zimbabwe is a source of pride for the government.”

The minister said there were countless court cases the government had lost against private litigants hence the accusations that the judiciary was captured by the State did not hold water.

“There are countless instances where private citizens and institutions have taken government or government institutions to every level of the court system. The courts in adherence to the concept of the rule of law have determined such disputes and in many instances have ruled against government or government controlled institutions.

“To seek to cast aspersions on the judiciary and accusing the courts of lacking independence on the basis of a few cases where the courts have ruled in favour of government is in government’s view, preposterous.

“To suggest that government must lose every case in which it is a party is equally outrageous, to further accuse the courts of being captured because you have lost a case, but coy when you have won, is simply being disingenuous.

“That perverted understanding of judiciary independence must never be allowed because if it were, there would be no need for courts to adjudicate in disputes involving government.”

Friday marked exactly seven years since Zimbabwe adopted the new Constitution in 2013.

However, the Constitution is yet to be fully implemented as most of the country’s laws are not aligned to it.