Wednesday, August 5, 2009
ZIMBABWE LAW in shumbles
Law and Society The function of law in a society is more or less universal. It acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos.
Law is a social norm, the infraction of which is sanctioned in treat or in fact by the application of physical force or by a party possessing the socially recognized privilege or so acting. It provides a society with order and predictability, resolving disputes, protecting individuals and property, providing for the general welfare and protecting individual liberties. Law and the predictability it provides cannot guarantee us a totally safe world, but it can create a climate in which people believe it is worthwhile to produce, venture fort, and to live for the morrow.
It prevents the state of nature, which would be total anarchy had there been no laws. Societies today are more complex and interacting. Maintaining good order and discipline have far reaching implications on a society’s prosperity. Laws are in acted daily through out different societies for the protection and security of individuals, property, businesses and states. It permits an orderly, peaceful process for dispute resolution and provides us with the programs to establish and enable corporately, what would be impossible, or at least prohibitive, to do as individuals. Laws should be designed to protect the individual personal and civil rights against those forces, which would curtail or restrict them. Some examples of this are freedom of speech, religion, the press, the right to a fair trail and the freedom from cruel and unusual punishment.
In the Zimbabwe the respect for the law is paramount and disobedience to the law is not punished because the leaders disobey the law of the land which is the Constitution then it means they is no rule of law in Zimbabwe. The Constitution, acts of Legislative bodies, orders of Rulings of Political Executives, Judicial Decisions and Decisions of Quasi-Legislative and Quasi-Judicial Bodies enact laws in the Zimbabwe. Many societies have law and rules to prevent lawlessness and anarchy the constitution should govern the way of conduct of the government branches but that seems to lacking at the present situation where the current leadership are above the law several amendment have been made to the current constitution made to comply with the leadership human oppression for instance in the bid to silence the people the government sign for AIPA and POSSA this was the turning of the constitution into a political weapon. With out the rule of law most societies would succumb to disorder like want my beloved country has turn into with oppression,corruption,violence,human abuse and anarchy restoration of Law in Zimbabwe will take 20years more even with the establishment of the new constitution if leadership does not respect the supreme Law of the land the people will follow their footstep.
We shall not blame the land reform for the current situation of having the highest inflation in the world but l shall focus on the rule of LAW that have be violated to turn the state into a Banana republic.
The people of Zimbabwe need to understand that even with the new constitution in place without enforcement of an independent body which of cause can not be the current Judiciary the new constitution proposal will be a waste of money and resources .The coming constitution will be violated and thus for certain they is no doubt about that, what is needed is a clear wave of operation murambastvina in the Judiciary for the restoration of the rule of law in the country.In the current moment we have the Judiciary that is influenced by the politicians they is no separation of powers, all the three branches of government do what the executive say.
Discipline within the leadership is lacking, politicians must know that if they violate the constitution they must get punished no matter who you are, even the president must face legal trial.Zimbabwe is not for certain individuals who want to satisfy they own egos this must be known it is for the gallant sons of the soil..........let freedom prevail as well with the rule of law.
Posted by Tendai Mzingaizo at 6:06 AM