President Can Be Prosecuted After Leaving Office

According to Clause 6.11 (2), immunity against prosecution ceases after the President leaves office.

“(1) While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity

“(2) After leaving office as President, civil proceedings may be instituted against him or her for things done or omitted to be done (a) before he or she became President: (b) in his or her personal capacity while he or she was President,” the clause reads in part.

Civic society activists have said they will lead prosecution proceedings against President Robert Mugabe for human rights violations since 1980.

Civic society activists blame Mugabe for crimes against humanity. Examples include the 1980’s Gukurahundi massacres, the 2000 land reform that resulted in the killing of white commercial farmers, the 2005 clean up Murambatsvina operation that was accompanied the destruction of people’s property and the 2002 and 2008 violent presidential elections that saw the displacement and the killing of Movement for Democratic Change (MDC) supporters.

Prime Minister Morgan Tsvangirai has on numerous occasions also called for the arrest and prosecution of those behind the Gukurahundi campaign that killed at least 20 000 civilians in Matabeleland and all other violent campaigns that resulted in the killing of his party supporters.