Publications

This paper considers the general appointment of persons by the President of Zimbabwe to positions in the new inclusive government and specifically in terms of any Act of Parliament or the Constitution. The issue of these appointments has proved contentious, with the MDC-T claiming that the appointments which have been made (and one which has not) violate the agreements relating to power sharing between the parties. The paper analyses the legal provisions in detail.

One of the fundamental problems of Southern Africa - and Africa generally – is the failure of liberation movements to transform themselves into modern political parties. The legacy of commandist, centralised power is hard to shake off, as is the easy means-end recourse to violent solutions and the use of military and quasi-military force. Zimbabwe is by no means unique here, but the accumulating evidence suggests that Zimbabwe is considerably more sophisticated in the maintenance of struggle strategy and tactics than most African countries to date. Indeed, Zimbabwe is probably the most sophisticated example of what Thomas Carothers has termed “dominant power politics” , with the entrenchment of an elite, limited space for opposition political parties, and the maintenance of power by the elite through manipulated elections. However, in Zimbabwe, it is the continual adherence to the philosophy and methodology of liberation (and armed struggle) that epitomises ZANU PF’s approach to politics....

The meeting was convened with a view to obtaining an informed and nuanced view, from the perspective of key stakeholders, of Zimbabwe's Inclusive Government (IG). While various large gatherings of human rights NGO's have met to consider issues relevant to the IG, it was the feeling of the conveners that these meetings have been unwieldy and that opinions expressed at these meetings often have been tempered by the institutional concerns of the various NGOs, and a frank analysis of Zimbabwe's polity has been lacking. Thus, a small group of experts, covering a wide range of current concerns, were consulted under Chatham House rules.

This paper considers the relative powers of the Prime Minister (Morgan Tsvangirai) and those of the President (Robert Mugabe) and how the GPA is, and is likely to play out in this regard.

Women in Zimbabwe have been victims of political violence since pre-colonial times. There has never been a specific examination of the impact of this violence on women. With the development of the concept of transitional justice over the years, Zimbabwean civil society has strongly advocated victims’ rights, demanding redress for past violations. The formation of an inclusive government in Zimbabwe through the “Global Political Agreement” (GPA) of September 2008 has resulted in these demands becoming more pronounced as discussions concerning national healing, reconciliation, rehabilitation, and the cessation of politically motivated violence are taking place across political divides in Zimbabwe. These discussions, however, appear not to explicitly address the treatment of women survivors of politically motivated violence. This is an oversight that is not peculiar to Zimbabwe, but is evident in most post conflict approaches to transitional justice. Most transitional processes are not gender sensitive and, more often than not, leave women out without awarding them redress or protective measures to avoid future recurrence of abuses. This paper seeks to begin to address this oversight

This paper examines the relevant legal provisions and concludes that the cabinet comprising the "Unity Government" was not legally sworn into office.

With the decision by MDC-T to enter the “unity government” has come an immediate call (for example by the AU) for the lifting of “sanctions” and the re-engagement of the international (donor) community with the Zimbabwean government. Now, it is not clear to all that the formal sanctions applied to Zimbabwe consist solely of targeted sanctions against several score individuals (and more recently businesses) and asset freezes, and, although thus of limited impact, they remain a source of pressure upon ZANU PF to restore democratic norms in Zimbabwe. However, the call for the lifting of sanctions does not merely apply to these “targeted” sanctions, but is also a call for the Western nations (the EU and the United States of America) and the multi-lateral finance institutions (the IMF and the World Bank) to re-engage, and provide balance of payments support and development assistance. It has been made abundantly clear by all these bodies and countries that re-instituting support to Zimbabwe will be conditional upon compliance with standard lending criteria and the restoration of democracy…..

ZEC’s report is characterised by a glaring failure to address issues it considers unpalatable, dissembling sophistry, and patent falsehoods. It is also self-contradictory in several places. ZEC adopts the same strategy in regard to the widespread condemnation of the electoral process and violence manifested in the reports of observers. Given these reports ZEC cannot with any credibility claim that the elections were “conducted efficiently, freely, fairly, transparently and in accordance with the law”. ZEC thus adopts the tactics of avoidance and omission. The paper canvasses the report in detail from this viewpoint.

Zimbabwe’s current Inclusive Government, more commonly referred to as a Government of National Unity (GNU), was established pursuant to an Interparty Political Agreement, itself more commonly referred to as the Global Political Agreement (GPA). This Agreement was signed by the “Principals” of the three main extant political parties: the Zimbabwe African National Union - Patriotic Front (ZANU-PF) and two Movement for Democratic Change (MDC) formations. Rather than simply containing clauses which are subject to legal interpretation and enforcement, the larger part of the agreement comprises rhetoric and ideological bombast designed to facilitate political posturing and little else. The ideological bombast is symptomatic of the lack of any real consensus between the parties, and the GPA thus reflected a continuation of this discord rather than its resolution. This paper analyses whether the GPA contains any real provision for reform in Zimbabwe.

This paper examines the use of internation criminal law. particularly the uise of the Rome Statute and ICC, to combat crimes against humanity in Zimbabwe.

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