A Zimbabwean High Court has dismissed a lawsuit seeking to force President Emmerson Mnangagwa to ratify the UN Convention Against Torture, ruling that the president cannot be legally compelled to sign international treaties.
The case was brought by human rights lawyer Obey Shava, who was allegedly assaulted and left for dead in Harare in July 2023.
Justice Gladys Mhuri cited the separation of powers doctrine in her ruling, stating: “This court cannot compel the president to do what it is by law not compelled to do.”
Zimbabwe remains one of only two Southern African nations yet to sign the convention, alongside Tanzania.
Mr Shava, represented by prominent lawyer Tendai Biti, had argued that Zimbabwe’s failure to ratify the 1984 UN convention violated constitutional protections against torture and cruel treatment.
The application cited several cases of alleged torture of opposition activists, including James Chidhakwa and Bishop Tapfumaneyi Masaya, arguing that such incidents are systematically carried out by state security agents but never investigated.
In court documents, Mr Shava highlighted that 162 of 193 UN member states have ratified the convention, with Zimbabwe being among just four African nations yet to do so.
President Mnangagwa’s administration opposed the application, denying allegations of widespread torture of activists in the country.
The ruling comes as human rights groups continue to express concern about political violence and intimidation in Zimbabwe.
