The Africa Judges and Jurists Forum (AJJF) has organised a Mission consisting of judges and jurists to observe proceedings in the Application challenging results of the Presidential Elections of 2018 in Case No CCZ 42/18. The case was filed by Mr. Nelson Chamisa of the Movement for Democratic Change Alliance (MDC) after he expressed dissatisfaction with the outcomes of the presidential elections as announced by the Zimbabwe Electoral Commission.
The case is due to be heard on 22nd August 2018 at 10:00 am by the Constitutional Court of Zimbabwe sitting in Harare.
The observation mission will focus on the compliance of the proceedings of the case with regional and international human rights law and standards on fair trial. These norms are substantially reflected in the constitution of Zimbabwe. Members of the observation Mission will sit and follow proceedings from the courtroom. At the end of the exercise the observers will compile and release an independent and impartial report stating their conclusions on the fair trial dimension of the proceedings. In appropriate cases they may make recommendations, they deem necessary for the improvement of the administration of justice in the future.
Confirming the Mission, the AJJF Secretary General Mr. Martin Masiga said, “Other than the objective of first-hand monitoring in order to prepare an independent and impartial fair trial evaluation of the proceedings, the presence of the observers makes all participants, especially the judges, aware that they are under scrutiny. This awareness may then influence them to be fair to all parties. Thirdly, the observation mission represents concerns about the fairness of the proceedings shared across Africa and the international community. Fourthly, in an environment of polarisation and tension, the presence of international observers gives the litigating parties and their supporters, a sense of international assistance and renewed confidence. Fifthly, the presence of the observation mission should help to make sure that justice is both done and seen to be done.”
The Mission will be composed as follows:
- Retired Chief Justice Ernest Sakala: He is a Zambian lawyer and retried Chief Justice of Zambia. In the past, he served as Investigator General of Zambia, Judge of the Supreme Court, Judge of the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, Judge of the High Court, Director of Public Prosecutions, Senior State Advocate, State Advocate, Chairman of the Judiciary Advisory Committee on Training and Continuing Education and Chairman of the Southern African Chief Justices’ Forum (SACJF).
- Justice Isaac Lenaola: He is a Kenyan lawyer and serving Justice of the Supreme Court of Kenya, since 28 October 2016. From 1992 to 2003, he was a practicing advocate in courts of judicature. In 2003, he was appointed a judge of the High Court of Kenya. He served as a Commissioner at the Judicial Service Commission, from October 2010 until 2013. From July 2011 to date, he is the Deputy Principal Judge of the East African Court of Justice. In November 2013, Justice Isaac Lenaola was appointed as a Judge of the “Residual Special Court for Sierra Leone”. He had earlier served as the chairman of the “Kenya Magistrates and Judges Association” and a member of the “World Council of the International Association of Refugee Law Judges”. He is also currently a member of the board of directors at the “Kenya Judicial Training Institute.”
- Martin Okumu Masiga: is a Ugandan lawyer and founder member and incumbent Secretary General of the Africa Judges’ and Jurists’ Forum. In the past, he served as the Deputy Director of the Africa Programme of the International Commission of Jurists. Before this posting he served as a Rule of Law Advisor of the United Nations Mission in South Sudan. He also served as the National Coordinator of the Human Rights Network of Uganda (HURINET) – an umbrella of human rights organisations in the country. Earlier he had served as Vice Chairperson of Amnesty International (Uganda) and practiced law as an advocate of the courts of judicature in Uganda.
In the past AJJF observed the presidential election petition in Kenya in 2013 and also in 2017.
The Africa Judges and Jurists Forum was founded by African judges and jurists upon the philosophy of pan-Africanism. It creates space for African judges and jurists to promote the rule of law and development in the region. The work of AJJF focuses on the key area of elections and the rule, crisis response and the rule of law, economic transformation and the rule of law, judicial development and reform. Its headquarters are in Pretoria, South Africa.
For further information please contact Martin Masiga on +256 758 516 827 or okumu-masiga@africajurists.org
Download the PR ZIM PRESIDENTIAL ELECTIONS PETITIONS