Section 61(1) of the Constitution of the Republic of Zimbabwe In Practice

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Just this evening, I read somewhere that a Member of the Parliament of the Republic of Zimbabwe was just denied his 8th bail application although there’s proof that he is not a flight risk and that November marks his 4th month in prison with no trial nor ‘real’ charges. A claim was made by the Original Poster that this is some form of a weaponisation of law against opposition MPs, all of this taking place just as General Elections are nearing. It seems to be the culture really, nothing new in the continent.  

None of us are to be surprised really because, let me shock you, a former Minister of Foreign Affairs in Zimbabwe, of course his name shall not be mentioned for fear of contravening the POPI Act, wrote a Twitter thread which can be quoted as saying “politics always takes precedence over the law”. Just this line alone made me have a deeper appreciation for our somewhat shaky but very sensible Constitution. 

Can you believe that? Politics taking precedence over the law, I can’t even wrap my head around this. I guess, of course, that’s how you’d attempt to run a failed state (forgive me, I am using non-African metrics here… although they might not be completely wrong as this is a country that ALLEGEDLY still arrests civilians for holding and voicing out opposing opinions against the ruling government. It seems they’re not too big on the right to freedom of expression or at least its actionable application). 

Back to the statement, I might be taking it out of context because he does further go to say that the Constitution is the victor’s document and that the victor is the politician but when, as a country, you have established and actually put into practice (lifelong) values that bind everyone (victor or not), this should not even be a question. Checks and balances, people. Checks and balances.

The last part of the thread makes an awful lot of sense, he says “the law can be used both as a shield of a sword so when it is used to shield fellow comrades and slay those with opposing views, we are no longer in a Constitutional Democracy – it amounts to anarchy and selective application of the law”

Nothing more can be added here, I completely share the same sentiments with the above statement.

Princess Fikile Monareng is a BA in International Relations graduate and currently, an LLB student who has an interest in not only the Law but in History and Politics as well. Outside of class, she takes long walks that lead nowhere really with her sweet dog, Rosa and in the process, a few beautiful pictures come out as a result. Naturally, coffee and books are of importance to her.

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