By Ndumiso Tshuma
Legal experts have expressed concern over what they describe as the increasing use of “lawfare” amid growing doubts about judicial independence and allegations that the state is using the law to suppress dissent.
Lawfare, a term describing the strategic use of legal tools to achieve political goals, has become a recurring theme in public discussions about the rule of law in the country.
Appearing on This Morning on Asakhe, a daily current affairs programme hosted by the Centre for Innovation and Technology (CITEZW) on X, political analyst Dr Philani Ndlovu said the law is increasingly being used to shield those in power while targeting opponents.
“The use of lawfare by those who control the levers of power involves applying legal systems not for justice, but to advance personal or political interests,” said Ndlovu.
He cited state-sponsored prosecutions and arrests as examples of legal actions with weak or no legal merit, driven instead by political motives.
“We are seeing detentions and arrests that have little to do with upholding the law and everything to do with neutralising political rivals,” he added.
Ndlovu also noted that law and politics are deeply intertwined, arguing that many laws originate from political decisions and are later codified to regulate public behaviour.
To support his point, he referenced the 1982 treason charges against former ZIPRA commanders Dumiso Dabengwa and Lookout Masuku. Although the Supreme Court ruled in 1983 that there was no evidence to support the charges, both men were re-detained immediately after their acquittal and held without trial for four years.
“That case remains a classic example of lawfare where legal procedures were manipulated for political ends,” Ndlovu said.
Constitutional law expert Dr Justice Mavedzenge echoed Ndlovu’s concerns, stating that while the state often uses lawfare to legitimise repressive actions, the strategy is not exclusive to those in power.
“Lawfare can also be a tool for citizens,” said Mavedzenge. “Zimbabwe’s liberation fighters, for instance, used legal channels to challenge colonial rule.”
However, Dr Mavedzenge warned that in the current environment, the state continues to deploy the legal system to suppress dissent, particularly in politically charged cases.
Not all observers agree that Zimbabwe’s legal system is being misused. One participant argued that the law is being applied fairly and that individuals facing legal trouble are those who have broken it.
“The laws of the country should simply be followed. Those who do the right thing stay out of trouble,” he said.
He also pointed to opposition leader Advocate Nelson Chamisa, noting that he has not faced any legal action.
“Chamisa has not been arrested or involved in legal issues. That shows that staying within the law protects everyone regardless of political affiliation.”