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Mashudu Netsianda IN VICTORIA FALLS
VICE-PRESIDENT Constantino Chiwenga yesterday stressed Zimbabwe’s commitment to upholding constitutionalism and human rights, stating that an independent judiciary plays a critical role in safeguarding human dignity and promoting socio-economic growth in Africa and beyond.
He said this while officially opening the 7th Congress of the Conference of Constitutional Jurisdictions of Africa (CJCA) in Victoria Falls.
Zimbabwe’s Constitution was adopted in 2013 and it established the development of the Zimbabwe Human Rights Commission (ZHRC), which is a sovereign institution dedicated to promoting and protecting human rights freedoms, as well as social justice in the country. Additionally, the Constitution has a comprehensive Bill of Rights.
VP Chiwenga further emphasised that a clear and independent judiciary is critical to guaranteeing accountability in all organs of the State, which ultimately supports Zimbabwe’s goal of reaching a prosperous, upper-middle-income society by 2030.
“The judiciary plays a critical oversight role on other organs of State in ensuring that they comply with the constitutional provisions of a country. It is only an independent judiciary that can undertake and fulfil such a critical role,” said VP Chiwenga.
“An independent and impartial judiciary is the cornerstone of the rule of law in a democratic State. It serves to protect human rights and people’s liberties, provides a check on other branches of Government and helps secure an environment conducive to economic growth and social cohesion.”
The event, themed “Human Dignity as a Founding Value and Principle: A Source of Constitutional Interpretation, Protection and Enforcement of Fundamental Human Rights”, focuses on the centrality of human dignity in judicial systems across the continent.
Discussions are expected to focus on effective methods for upholding fundamental human rights and dignity.
The ongoing congress further seeks to explore how judicial systems can further strengthen their role in ensuring that every individual’s dignity is respected and protected.
VP Chiwenga also drew attention to the role of the judiciary in fostering economic growth, stating that the economic success of nations is essential for the full realisation of human rights.
“In line with the Zimbabwean vision, as enunciated by the President, His Excellency Dr ED Mnangagwa for Zimbabwe to become an empowered and prosperous upper-middle-income society by 2030, we recognise that the economic success of our nations is instrumental in the full realisation of the enjoyment of human rights and in preserving the dignity of our citizenry,” he said.
“The three arms of the State, that is; the Judiciary, Legislature and Executive across Africa, should act as we ought to do, in a transparent, fair and accountable manner.
“This should be underpinned by integrity to give full meaning to the implementation of human rights and dignity in accordance with our respective national constitutions.”
He noted that human dignity not only buttresses all human rights but is also integral to Africa’s quest for liberation, self-determination, and the establishment of just societies.
He said the conference theme highlights the essential concept of human dignity, which underpins the entire framework of fundamental human rights in any democratic society.
“By emphasising human dignity, we ensure that our constitutional frameworks are rooted in the inherent worth and autonomy of every individual, fostering a culture of respect, equality, and justice,” said VP Chiwenga.
He commended the regional meeting for bringing together members of the judiciary to discuss matters of common interest for the good of the region and beyond.
He noted how Parliamentarians from the region have formed the Pan-African Parliament and the Southern African Development Community Parliamentary Forum, among other groupings with Heads of Governments, meeting at various levels within SADC, Comesa and the African Union.
VP Chiwenga said for many African countries, the recognition of human dignity was and remains the cause for the quest for liberation, self-determination, and national independence as well as the attainment of societies in which every human being is respected and has a right to existence.
“If we all believe that justice is fairness in the protection of fundamental rights and the punishment of wrongs, then we cannot talk of a different justice for the people of Africa and that of the rest of the world,” he said.
The prestigious biennial event, which kicked off on Wednesday, has drawn 209 delegates from 45 African countries and 10 regional and international organisations. Among the attendees are judicial representatives and observers from non-African countries including Russia, Iraq, Turkey, Albania, and Austria, underscoring the global significance of the event.
This is the second time the congress has been held in Southern Africa, with the last regional meeting being in Cape Town, South Africa, in 2017. The congress provides a crucial platform for members of the judiciary to share insights, debate critical legal challenges, and promote the development of constitutional jurisprudence across Africa.
Dr Chiwenga said the congress also offers Zimbabwe a platform to showcase its own judicial advancements.
“Zimbabwe recognises that the privilege of self-governance, self-determination and self-actualisation was borne by the bloodshed during the liberation struggle,” said VP Chiwenga.
“Our Constitution recognises as one of its founding values, the right of every human being to exist freely. It has an expansive Bill of Rights that every person can enforce and vindicate in our courts.
“We regard our courts, and I believe every court in the region and beyond, to be the last line of defence with regards to the application and protection of people’s fundamental human rights,” he said.
VP Chiwenga further challenged delegates to shape critical discussions on the future of constitutionalism in Africa, reinforcing the continent’s commitment to justice, human rights, and the rule of law, stressing that in unity lies Africa’s strength to fight oppression and poverty.
“That realisation should remain the guiding principle, the bedrock of all our endeavours as we seek to build nations with systems that serve the best interests of our people,” he said.
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