8 February 2001
Exodus of judges looms
By Basildon
Peta (Financial Gazette) SEVERAL Zimbabwean judges have begun searching for
alternative employment elsewhere in southern Africa because of frustration over
the governments siege on the judiciary, it was established this
week.
The move by the judges became known just as ZANU PF announced that
Vice President Simon Muzenda will tomorrow chair a caucus meeting of ruling
party legislators in Harare to consider, among other issues, a resolution for
the "removal of all the judges of the Supreme Court". Judges
interviewed by the Financial Gazette this week said the volatile period leading
to the 2002 presidential elections could see a number of judges quitting the
bench in frustration to go into private practice or to take more lucrative
employment elsewhere in the region. One High Court judge said he was
being considered for a judicial job in Namibia while another said he was
scouting for alternative employment in Botswana. The two judges said
they knew of at least three other colleagues who were also hunting for
employment outside Zimbabwe. The judges spoke to this newspaper on condition
they are not named for ethical reasons. "Although most of us have been
determined to stay on, sometimes you just end up telling yourself that
its not worth it. We are being labelled MDC judges even by some of our
colleagues here," one of the judges said. The Movement for Democratic
Change (MDC) is Zimbabwes biggest opposition party which nearly toppled
ZANU PF in landmark parliamentary elections last June. "Our conditions
of service have remained poor. The greatest fear in some of us is that we might
end up being eliminated physically," the judge said. The other judge
said he had "frightening information" on the governments attempts to
dilute the present character of the judiciary, under incessant attack by
President Robert Mugabe and Justice Minister Patrick Chinamasa for refusing to
bend the law to suit ZANU PFs whims. The judge said he and
colleagues, with whom he had shared this information, no longer felt secure
remaining on the Zimbabwe bench. He said he could not yet share the
information with the media. "It seems that for one to be accepted as a
fair judge you have to discard the book of rules and pass judgments in favour
of the government and the ruling party. This is skewed reasoning on the part of
some political upstarts who have now completely discredited themselves by doing
more talking than thinking," the judge said. Mugabe, Chinamasa and
Information Minister Jonathan Moyo have made no secrets the governments
intention to "revamp" the operations of the judiciary, which they brand
colonial. One senior judge said he understood that part of the
measures being mulled by the government include appointing more judges of
appeal to the Supreme Court to "neutralise the influence of the present
justices who are perceived as antiZANU PF". Law expert Lovemore
Madhuku said there was nothing in law to stop the government from appointing
more judges of appeal to the Supreme Court. "The Constitution does not
set a maximum number of judges who can be appointed to the Supreme Court. It
only states the minimum number of Supreme Court judges at five so there is
nothing at law to stop the government from doing that," he said. "By
appointing more ZANU PF judges of appeal, the government can always ensure that
it wins its cases. It is however a heavy handed way of muzzling the judiciary."
ZANU PFs chief whip Joram Gumbo said tomorrows caucus
meeting had been called specifically to discuss last weeks Supreme Court
judgment that overruled Mugabes decree which sought to nullify court
challenges by the MDC against 39 parliamentary seats won by the ruling party in
the June ballot. Muzenda would chair the meeting because of its
importance, he said. Gumbo said the Supreme Court, by nullifying
Mugabes decree, had effectively usurped the role of the legislature in
making laws. "The situation now confronting the nation is one in
which the Supreme Court has arrogated itself both the executive and legislative
powers and functions," he charged. He said the caucus would consider a
resolution to remove all Supreme Court judges and ensure that the doctrine of
the separation of powers contained in the Constitution was
maintained.
Meanwhile, the Law Society of Zimbabwe (LSZ) this week
re-affirmed its confidence in the judiciary, including the Supreme Court and
Chief Justice Anthony Gubbay, who was forced into premature retirement by the
government last week. The society, in a resolution passed at its annual
general meeting, said it deplored all attempts by the government to impair the
independence of the judiciary and create a partisan bench. "Criticism of
the judiciary should be legitimate and it should not be aimed at coercing
judges to hand down partisan opinions," the LSZ said. It also condemned
violence against the media, violence in the redistribution of land and the
governments interference with the freedom of procession and
assembly.
LSZ head Sternford Moyo said government media reports that the
societys meeting which agreed these resolutions was attended by more
whites than black lawyers were a complete distortion of facts. Many
senior and highly respected black lawyers had attended the meeting and voted in
favour of the resolutions, he said.
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