The Zimbabwe Lawyers for Human Rights (ZLHR) has raised concerns about the government’s and some state actors’ defiance of court orders, saying this behaviour contributes to a culture of impunity in the country.
In a statement, ZLHR said they have noted an alarming trend where the state and certain state actors have consistently failed to comply with court orders issued by judicial officers across the country.
These orders often require the payment of judgment debts to victims of human rights violations who have sought legal redress.
As a result, many human rights defenders face difficulties in enforcing compensation orders for victims of human rights violations due to the state’s and some state actors’ refusal to pay judgment debts. Said the ZLHR:
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So deep-seated is the habit, that victims are resorting to instituting additional costly and time-consuming litigation such as applications of contempt of court proceedings against the state and state actors to force them to comply with court orders while in some cases, this has resulted in lengthy court processes, which has the effect of deterring would-be claimants from pursuing their matters against the state.
In some cases, human rights lawyers have on behalf of victims of human rights violations employed additional strategies such as challenging the constitutionality of provisions of the State Liabilities Act, which seeks to promote impunity in cases, where ordinary citizens are rendered powerless to execute court judgments that are in their favour in civil cases.
The provisions of section 5(2) of the State Liabilities Act, which protect state properties from being attached to satisfy unpaid compensation claims to people such as victims of state-sponsored human rights infringements by some state actors and agencies are unconstitutional as they offend fundamental rights and freedoms guaranteed by the Constitution.
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The human rights lawyers expressed concern over the increased misuse of section 5 of the State Liabilities Act, which prevents the execution or attachment of state property to compensate victims of human rights violations. They said:
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This provision of the State Liabilities Act which grants the state immunity against the execution of its properties by holders of judgment debts, extends an undue and unfair advantage to the state in litigation.
This advantage is unfortunately not extended to other litigants and, as such, induces their inequitable treatment while infringing on the right to equality of all persons before the law and to equal protection and benefit of the law.
Moreover, the phenomenon of defiance of court orders severely undermines the judiciary and the justice delivery system and entrenches a culture of impunity and lawlessness in the country including weakening national institutions that are vital for the protection of human rights, the restoration of the rule of law and democracy in the country.
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The ZLHR reminded the government of its primary responsibility to enforce the rule of law and fight impunity.
The lawyers argued that by enforcing court orders, the executive would fulfil its mandate to ensure citizens enjoy the right to legal protection.
This right is entrenched in the Constitution and other regional and international instruments that the government has signed and ratified.

Pindula News

The Zimbabwe Lawyers for Human Rights are upset because the government and some state actors are not following court orders. This means people who have been hurt or had their rights violated are not getting compensated. The lawyers are saying this behavior creates a culture where people can do bad things without consequences. They want the government to obey court orders to protect human rights. The lawyers are also challenging a law that prevents victims from getting compensation from state property. They believe everyone should be treated equally under the law. The lawyers are reminding the government of its duty to enforce the rule of law and fight against impunity.

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