The Zimbabwe Rule of Law Journal launched!

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FOREWORD

I am delighted to welcome the inaugural issue of the Zimbabwe Rule of Law Journal. The idea of establishing this Rule of Law Journal has largely been influenced by existing demand in the legal fraternity for a peer reviewed law journal with a national scope.

The aim of this Zimbabwe Rule of Law Journal is to make a significant contribution towards knowledge creation,  raising general awareness on aspects of the law and instill informed scholarly debates. The journal  is a joint endeavor between the International Commission of Jurists  Africa  Regional Programme and the Centre  for Applied  Legal Research (CALR). This journal is composed  of articles and papers written by academics, legal practitioners and law students.

The rule of law is a foundational value  and principle of our Constitution as set out in section  3. The Preamble of the Constitution recognises the need to entrench the rule of law because  it underpins democratic governance. The rule of law is the means  by which  fundamental human  rights  are protected. It is therefore absolutely necessary that there be a way in which the legal profession is enabled  to play its role in ensuring that the rule of law is maintained and promoted.  This first issue contains  articles  on house  demolitions in violation of s 74 of the Constitution, the right  of access  to the voters’  roll, fair labour  standards, the justice  delivery  mandate of the Judicial  Service Commission, the right to life and applicable criminal  defences, employment of persons with  disabilities, accountability of persons in high  offices and  public statements prejudicial to the State.

It is my hope that this journal will play an important role in nation building. It will offer information on rule of law issues  and disseminate the jurisprudence of our courts  and international and regional  courts on this very vital subject.  It will hopefully introduce, through  the contributions by lawyers and other  practitioners of their  professional expertise, to the comparative and international dimensions of the rule of law principle and the comprehensive developments in this area. In this way this journal  will seek to protect  and promote the rule of law through  critical analysis  of judgments of the courts.

The current Constitution of Zimbabwe was adopted in 2013.  Many  of its provisions require interpretation by the courts in order to build a body of jurisprudence for the future. It can be said that with the coming into force of the 2013 Constitution and establishment of the Constitutional Court,  the process  of balancing the Court’s  functional and institutional establishment has just began.  There  is a need  to strike  a proper  balance between constitutional functions and the concrete power  of the Court  and between the objects  and subjects  of constitutional control. This journal  can, with the contribution of many professionals, become  a permanent, continual and systemic source of assessment of the work of our courts  and provide  invaluable insights into the working  of our system  of governance.

I wish to thank the many individuals who have made it possible for this Journal  to be produced and congratulate those who have prepared the articles  that make up this first issue. I wish to apologize in advance for any inadequacies that may be picked  up in this issue.  It is the first and all efforts will not be spared to improve  subsequent issues  in all respects.

 

Harare, February 2017

Justice  MH Chinhengo, Chief  Editor

 

ARTICLES 

ACCESSING THE NATIONAL VOTERS’ ROLL THROUGH THE RIGHT OF ACCESS TO INFORMATION IN ZIMBABWE

Justice Alfred Mavedzenge

 

 

FAIR LABOUR STANDARDS ELEVATED TO CONSTITUTIONAL RIGHTS:  A NEW APPROACH IN ZIMBABWEAN LABOUR MATTERS.

Rodgers Matsikidze

 

ASSESSING THE JUSTICE DELIVERY MANDATE OF THE JUDICIAL SERVICE COMMISSION IN ZIMBABWE’S CONSTITUTIONAL FRAMEWORK

James Tsabora1 and Shamiso Mtisi

 

LANGUAGE RIGHTS IN SECTION 6 OF THE ZIMBABWEAN  CONSTITUTION: LINGUISTIC DIVERSITY AFFIRMED AND ACCOMMODATED?

Innocent Maja

 

 

THE PROTECTION OF THE RIGHT TO EMPLOYMENT OF PERSONS WITH DISABILITIES IN AFRICA: LESSONS FROM ZIMBABWE

Serges Djoyou Kamga

 

PUBLIC STATEMENTS PREJUDICIAL TO THE STATE - Chilling freedom of expression to the bone with a chilling offence: Case note on Chimakure & Others v Attorney-General 2013 (2) ZLR 466 (S)

Geoffrey Feltoe and John Reid-Rowland

 

 

CRIMINAL LAW DEFENCES AND THE RIGHT TO LIFE IN THE NEW CONSTITUTION

Geoffrey Feltoe

 

 

HOUSE DEMOLITIONS IN ZIMBABWE: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE

Tinashe Stephen Chinopfukutwa

 

 

THE NKANDLA JUDGMENT: LESSONS FOR ZIMBABWE

Sekai Saungweme

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