MISA ANNUAL REPORT 2020

The proposed amendments follow the first amendment to the 2013 Constitution which gave
the President powers to unilaterally appoint the Chief Justice, Deputy Chief Justice and Judge
President of the High Court.
This tampering with the Constitution at a time when several laws which have an impact on the
enjoyment of the rights enshrined in Zimbabwe’s Bill of Rights, is widely viewed as being aimed
at centralising the President’s powers, which vitiates against the principle of separation of powers
to allow for democratic checks and balances in the spirit of good governance and accountability.
Another dent which cast further aspersions on the government’s commitment to uphold and
respect constitutionally guaranteed rights, was the spike in the harassment, arrests and assaults of
journalists, human rights activists and members of opposition political parties, despite promises
by the post-2017 and post-2018 elections Zanu PF government, to break with the ills of the era of
former President Robert Mugabe.
For instance, journalist Hopewell Chin’ono was arrested twice during the course of the year on
two separate charges and denied bail at the Magistrates Courts, in the process enduring long
detention periods at Chikurubi Maximum Security Prison. For each of the separate charges,
Chi’nono only managed to secure his freedom after being granted bail by the High Court.
It is against these retrogressive developments, that the United Nations Special Rapporteur on the
Rights to Freedom of Peaceful Assembly and of Association, Clement Nyaletsossi Voule, noted in
a report during the year under review, that Zimbabwe was suffering from political polarisation
and poor governance.
The Special Rapporteur noted then, that civic space continued to deteriorate, re-establishing an
environment of fear and persecution.

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