Nixon Nyikadzino v Zimbabwe
34. The Complainant further contends that the decline in the integrity of the Zimbabwean
judiciary is well-documented and refer to the 2002 fact finding mission report of the
African Commission which states that it:
Was struck by the observation that the judiciary had been tainted and even
under the new dispensation bears the distrust that comes from the prevailing
political conditions ... .It appears that their conditions of service do not protect
them from political pressure; appointments to the bench could be done in such a
way that they could be insulated from the stigma of political patronage. 12
35. In cases where the judges have tried to act independently and have issued court orders
in cases perceived to be politically sensitive and/ or contrary to government interests,
the Complainant claims, Zimbabwean authorities have refused to enforce those orders,
making remedies meaningless. This practice has been widespread and welldocumented, but one case, Chavhunduka v Commissioner of Police and Another
(2001(1)ZLR 481(5), serves in particular to illustrate the infectiveness of seeking
remedies for victims of torture by military authorities.
36. In that case, the Complainant submits, two journalists were abducted and tortured by
military police from the Zimbabwe National Army, and that the evidence of torture was
overwhelming and undisputed, and the petitioners obtained a court order enjoining the
police to carry out a full investigation with a view to prosecuting the perpetrators.
Notwithstanding this court order, no investigation or prosecution has been commenced.
The Complainant avers that Chavhunduka experience is just one of many in which court
orders have been ignored and the police and military authorities have been treated with
impunity.
37. In another well-documented and published case, the Complainant claims that the
Magistrate Court sitting at Harare Rotten Row similarly found that torture, including
electrocution had been used on an opposition politician one Job Sikhala, and human
12
ACHPR, Report of the Fact Finding Mission to Zimbabwe, 24 to 28 June 2002
9IPage
11 th Extraordinary Session of the ACHPR