I spent some time in my previous editorial “Justice - Zimbabwe Style” discussing the intended use of the judicial system by Mugabe apologists to barter and trade for their freedom and amnesty from prosecution.

How pleased was I to fall over an article on the internet that explained the pardon system in Zimbabwe even more - and proves even more clearly that ZANU PF are working to a not-so hidden agenda!

Simply explained, pardons can be granted by the passing of appropriate legislation through Parliament or by the granting of pardons by the President.

“The President’s power to grant pardons is found in section 31I of the Constitution. It is not one of his personal prerogatives, to be exercised at his sole discretion. It must be exercised on the advice of the Cabinet. This has always been the position [Constitution, section 31H(5)] and it is reiterated in the IPA [Article 20.1.3(g), now incorporated in Schedule 8 to the Constitution - “The President… (g) grants pardons …on the advice of the Cabinet”]. “On the advice of the Cabinet” means he can only act in accordance with a Cabinet decision. So if there is a General Amnesty, both MDCs must agree to it.

Such a pardon protects a person from being subsequently picked up and charged for the same offence [Criminal Precedence and Evidence Act].”

Mugabe’s statement that a case needs to reach it’s conclusion within criminal courts before he can consider any amnesty then is proved to be a fallacy.

The article then goes further to explain how an amnesty might make things easier in a power-sharing government, but any amnesty should be considered very carefully. Sadly, if Mugabe had his own way, an amnesty would be a no-brainer - just as long as ZANU PF gets their own way.

I was very interested to read that the ‘double jeopardy’ clause is written into the Constitution, but we all know that Mugabe’s police force will split charges and rearrange the legal playing field to accommodate their needs.

Any blanket amnesty will be carefully written to include ZANU PF wrong-doers, but exclude any perceived MDC miscreants.

“A general amnesty might ease frictions in the corridors of power of an inclusive government in the short run, but this needs to be weighed against the long term dangers of condoning a culture of impunity. And even in the short term it may cause problems.

Victims of violence or their families may take to “settling scores” outside the legal framework which a Truth, Justice and Reconciliation Commission would set up. There are already indications that this is happening in some areas.”

Individual pardons is another route which Mugabe may chose to go. By using this power, he can exclude any MDC prisoners and exonerate ZANU PF criminals… The article does not indicate whether individual amnesties need the common acceptance of the power-sharing MDC.

“The President can also grant pardons for specific individuals by name [as apposed to categories of persons under a General Amnesty]. He could invoke these powers to pardon people like Roy Bennett, Jestina and other named detainees]. This would ensure their release without a criminal record.”

And herein lies the concern. Mugabe will, no doubt, work towards pardoning all and any ZANU PF member, activist or representative before it goes through courts – as we have seen suggested by the dropping of all murder cases against ZANU PF personnel, whilst he has publicly decided that the MDC people accused of ‘banditry and terrorism’ are to face a trial - and then only upon completion of that case - will he consider a pardon or amnesty.

One rule for ZANU PF and another for everyone else.

A sure case of Mugabe playing with ploys and pardons. Which will, in the long run, allow known criminals within ZANU PF to roam the streets - free to break the law once again.

Robb WJ Ellis
The Bearded Man