Chronicle Editor
Leonard Ncube, Victoria Falls Reporter
THE Africa Electoral Justice Network (AEJN) has called upon the judiciary in the continent to exercise a high degree of integrity amid concerns over the prevalence of abuse of the courts by political parties who make frivolous applications.
Speaking at the 3rd AEJN annual meeting that was held in Victoria Falls between Wednesday and Saturday last week, judges from across the continent said it had become fashionable for political parties, especially opposition, who approach the courts trying to manipulate the judicial system using it as a campaign tool.
The meeting was organised by AEJN and hosted by the Judicial Service Commission of Zimbabwe.
During debates, delegates concurred that transparency is a core component of electoral integrity. Judges said it had become fashionable for political parties, particularly opposition parties, to use the law as a political campaign tool and attempt to manipulate the courts.
This comes as the continent is set to witness 24 harmonised elections by individual member states this year.
Presenting virtually, Justice Isaac Lenaola from Kenya implored judges to self-introspect and make sure judicial independence is beyond reproach and also called for strategies that make people respect rulings.
Justice Lenaola sat on the appeals bench that heard the appeal by Mr Nelson Chamisa and his party against the 2018 Presidential election.
“I sat on the Zimbabwe 2018 election petition. It was a copy and paste of the Kenya petition in 2017, so it was easy to dismiss. Courts should not dismiss electoral cases based on a technicality but there is need to reduce abuse of courts by political parties,” he said.
“People are using the law as swords, maybe let’s have a mechanism through our activities where we can strike out mischievous applications. We need to find a way of making those who use election petitions to respect the ruling.
“Judges also need to introspect and make sure judicial independence is beyond reproach. It has become fashionable in Africa to use the law as a campaign tool. Is it done across the continent by political parties, we need a mechanism to curb such abuse of court process without disadvantaging anyone,” said Justice Lenaola.
Zimbabwe Electoral Commission chairperson Justice Priscilla Chigumba said there was a worrying concern as political parties raise frivolous applications.
Justice Gomolemo Moshoeu said judges must be free to make impartial decisions that are not influenced by public perception and political thinking.
Chief Justice Bheki Maphalala of Eswatini concurred and said political influence in the independence of judiciary is cancerous and should be eliminated.
Chief Justice Luke Malaba said judges get their mandate from the constitution and the needs of citizens as enshrined in the constitution.
“The problem is that some approach the courts expecting a certain judgment and if it doesn’t come they think otherwise. Judges are given jurisdiction by the people and everybody has to believe that judges can make decisions,” he said.
Former director for Political Affairs at the African Union and author of the African Charter, Dr Khabele Matlosa, said while procedure should be known well before and about how elections should be conducted, the outcome of elections should be known after announcement by the electoral bodies and political parties should respect that.
He said the bench needs to deepen electoral integrity and ensure straightforward judgments, independence of judiciary, entrenching intra-party democracy, institutionalising civic voter education and gaining confidence of the citizens both political parties and ordinary, for electoral integrity to be realised.
AEJN chair Justice Boissie Mbha said the workshop was meant to empower judges in dealing with disinformation, rule of law with prowess to serve people and to deliver electoral justice more effectively.
Meanwhile, speaking at the closing ceremony, Deputy Chief Justice Elizabeth Gwaunza said the electoral court judges play a pivotal role in electoral justice and fortifying the rule of law.
“The essence of this symposium extended beyond mere academic and theoretical discussions and took a holistic approach in emphasising regional integration among Africa judges,” she said.
“We have collectively recognised that adherence to minimum standards of constitutionalism is not merely a legal requirement but a fundamental necessity for democracy.
“The judiciary, which faces increasing challenge of decrease in integrity during election period was a focus of discussion and importance of transparency in decision making, crafting clear and straightforward judgments and overcoming barriers faced by women were central themes. So, there should be shared collaboration across the continent towards a democratic future of the continent,” said Justice Gwaunza
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