via Judges ‘clueless about new constitution’ – New Zimbabwe 07/03/2015
LEADING human rights lawyer, Beatrice Mtetwa, has said that local judges do not understand the country’s new constitution in a development that is affecting the full enjoyment of citizens’ rights.
The chairperson of the Zimbabwe Lawyers for Human Rights urged civil society to help educate the judiciary on the provisions the new charter.
“I go to court very often and I can tell you that I have dealt with some cases where you can see that our judges are not yet ready to understand what the constitution says,” she said.
Mtetwa was addressing delegates to International Women’s Day commemorations in Harare last Friday.
Human rights organisations, she added, should fund constitution-training programs to help judges appreciate what the new charter entails.
“I believe that its organizations like the Zimbabwe Lawyers for Human Rights which must make sure that our judiciary understands that what is in the constitution must be given life to.
“If the constitution says that Women must have equal access to land, the courts must do what the constitution says by specifically discriminating in favour of women in some of those resources.”
She added: “There should be special understanding of those provisions by ensuring that the judicial services commission gets judges, particularly in the family court, to understand that rights are there to be enjoyed not just to say we have a constitution which says there are these rights.”
COMMENTS
When Mugabe wanted to carry out his “fast track land reform”, he needed to break many existing laws to do it. To do this, Mugabe first intimidated the independent judiciary and steadily chased out the sitting judges, replacing them with his own loyalists, such as the present chief justice, Chidyausiku, and others like Hlatswayo.
Judges were not chosen for their competence, but for their loyalty to Mugabe. In this way, Mugabe destroyed the rule of law in Zimbabwe.
Dear,
Beatrice Mtetwa,
I am not a lawyer bur I do believe in equal rights 4all. Henceforth, I quote;via Judges ‘clueless about new constitution’ – New Zimbabwe 07/03/2015:
“If the constitution says that Women must have equal access to land, the courts must do what the constitution says by specifically discriminating in favour of women in some of those resources.”
My question is discrimination in favour of woman or man, isn’t it still discrimination Na? Dadewethu okaBaba. Please will you as leading human rights solicitor in Zim Africa back home, simplify your argument Ma-Mtetwa Beatrice My sister.
Ngwenyama Victor Nqoba Mageza/UK (The Open University Yr-one.)
To understand the constitution is very simple, read it. If the judges cannot read they were obviously the recipients of “3 month degrees”. If they do not read it because they do not want to read they should be impeached and forced to resign. Oh I forgot Mugabe appointed them because they only read what he wants them to read and interpret it the way Mugabe wants them to. The rule of law and justice are dead in Zimbabwe because Zimbabweans did not stand up and vote for it.
“Mugabe appointed them because they only read what he wants them to read and interpret it the way Mugabe wants them to. The rule of law and justice are dead in Zimbabwe because Zimbabweans did not stand up and vote for it – given the fast track training period – of only 3 months.” thanks Kelvin