local remedies. He states that the Victim was forced to flee from
Zimbabwe to South Africa for fear of his life after being tortured by
authorities from the Respondent State. According to the Complainant, the
fact that the Victim did not collect his belongings is indicative of the
urgency with which he left the country.
27. The Complainant avers that the Victim who was also a Human Rights
Lawyer representing members of the MDC Party in legal matters is still
living in a state of fear for his security and life as the threats did not stop
even after he left the Respondent State. According to the Complainant,
due to the nature of the Complaint, it would be impractical for the Victim
to go back to Zimbabwe and seek remedy from the national courts.
28. The Complainant submits that since the Victim fled the country against
his will and is now in another country, domestic remedies cannot be
pursued without impediment and hence, not available.2
29. The Complainant further submits that domestic remedies are not effective
because there is no prospect of success. He avers that due to the situation
of the judicial system in Zimbabwe, the availability of local remedies is
not sufficiently certain, and this is aggravated by the prevailing trend of
non-compliance with court orders in Zimbabwe.
30. The Complainant states that in a number of decisions rendered by the
judiciary, particularly those concerning the treatment of members of the
opposition party, and matters affecting the Executive, there has been a
deliberate
practice
of
non-enforcement.
He
makes
reference
to
Commercial Farmers Union v The Minister of Lands and Agriculture, land
2
Communication 232/99-John D. Ouko v Kenya (2000) ACHPR.
7