…Executive and Judiciary in conflicting stances
Emmanuel Chitsika
The post cabinet briefing on September 14 regarding government position on baring unvaccinated churchgoers from attending services a few days after a High Court ruling nullifying the decision by Cabinet to do so has raised many questions than answers on the political landscape, especially on the doctrine of separation of powers in a democracy.
Government’s decree follows an application to the court by human rights lawyer Obert Kondongwe challenging the constitutionality of the move by government to out-law church attendance to unvaccinated congregants.
“The statement issued by the Information Minister Monica Mutsvangwa on the 11th of August on behalf of government following a cabinet meeting on the compulsory Covid-19 vaccination of sit-in congregants in churches and barring unvaccinated sit-in congregants from churches is null and void to the extent that it infringes constitutional rights and freedoms set out in the declaration of rights under sections 51, 52, 58 and 60.
“Arising from the foregoing paragraph 1 of this order, any purported ban on unvaccinated sit-in congregants in churches and any arrests or criminal proceedings of unvaccinated sit-in congregants of churches enforced by Home Affairs Minister Kazembe Kazembe is unlawful, null and void and of no force or effect and are set aside,” read part of the court ruling.
On September 14 government defied the court order and ordered unvaccinated congregants not to attend church services which has drawn the subject of democracy into play as the two arms of state namely the Executive and Judiciary are showing conflicting positions.
Political commentators say the move by government to place emphasis on the position to bar and criminalizing church attendance shows how far the Second Republic has gone in violating democratic principles.
Political analyst Dr Wellington Gadzikwa said government has violated the principle of separation of powers in a democracy, which is characterized by their defiance of a court ruling.
“The government has clearly violated the principle of separation of powers by issuing a directive that goes against a court ruling. What they should have done was to appeal against the court ruling.
“This action is not surprising though as the new dispensation has done this before. This move erodes confidence in both the judiciary and the trust by citizens that the law cannot protect them since the executive can do as it wishes,” said Dr Gadzikwa.
Great Zimbabwe University Media and Society studies lecturer Dr Last Alfandika said there is no rule of law in Zimbabwe but rather there is rule by law as the executive simply imposes itself on other arms of state.
“In Zimbabwe we do not have a rule of law, but we have a rule by law. Whether the people like the law or not, that does not concern those who have imposed the law.
“What they simply want is what they have imposed to be followed through and through. But this clearly erodes the doctrine of separation of powers as you are saying because when courts make a pronouncement, whoever is unhappy with the pronouncement must make take the necessary steps such as appealing against the decision or any other available legal route, not to comment at the state level that the decision was improper, or it was unfair,” said Dr Alfandika.
He also said that the executive would always prevail over the judiciary as the latter is expected to uphold what the former wants.
“This means that in Zimbabwe what the government wants must be upheld by the courts and that is the reason why some judges get fired. If a judge gives a judgement that is against government, that judge’s days are numbered.
“They want judges who are pliable, who do what the government wants at all costs, so at the end of the day there is no rule of law but there is rule by law. The doctrine of separation of powers is trashed and in the end, we see government being the judiciary, legislature and executive at the same time, yet in a democracy the three pillars of state must exist differently. I think this incident is unfortunate, legally irrational and improper,” he added.
Government also announced the barring of unvaccinated civil servants from their work places until they are vaccinated a decision reached at on September 14, 2021.
Commenting on the development Public Service Secretary Ambassador Jonathan Wutawunashe said the commission would implement decision by cabinet regarding unvaccinated civil servants.
“The Public Service Commission will implement the Cabinet decision by directing government ministries to ensure that only vaccinated personnel report for duty and interact with the public they serve. This is against the backdrop of a significant majority of civil servants having already been vaccinated.
“Government ministries will also facilitate personnel who missed opportunities to be vaccinated to be vaccinated in the immediate term to enable them to report for work. It is hoped that we will achieve 100 percent vaccination coverage in respect of civil servants all of whom have been categorised as essential staff within the next few days,” said ambassador Wutawunashe.
So much has been said and done concerning the vaccination programme with a host of issues propping up as government tries to work towards achievement of Herd which, immunity that is the vaccination of 60 percent of the national population.
However factors like unavailability of the vaccine at most centres due to administration challenges, vaccine hesitancy based on myths, shortage of human resource at most health centres around the country among others will likely hinder the set goal come December 2021.
