'We told Chidyausiku to defy land seizure rulings'

‘We told Chidyausiku to defy land seizure rulings’

Source: ‘We told Chidyausiku to defy land seizure rulings’ – DailyNews Live

Farayi Machamire      9 May 2017

HARARE – President Robert Mugabe has confessed to giving the late retired
Chief Justice Godfrey Chidyausiku unconstitutional Executive orders to
okay the seizure of white-owned farms.

Commenting on the tenure of Chidyausiku – who has been declared a national
hero and is set to be interred at the national Heroes Acre on Saturday
Mugabe said the top jurist ruled for Zimbabwe’s planned seizure of
thousands of white-owned farms that violated international law and that
the Supreme Court had ruled should be halted immediately.

In an unprecedented move, Chidyausiku, who was then judge president,
overturned a ruling by then Chief Justice Anthony Gubbay that government
should take all measures to protect the possessions and property of white
farmers who challenged the legality of the contested land reform
programme.

Mugabe said Chidyausiku’s prosecution of the highly-controversial land
revolution meant he needed to be accorded national hero status, insisting
“we could not just throw him into a pit”.

“Considering the way we worked with him, the way he supported our
interests, the values of the war of liberation, we found it fit to confer
him with a hero’s status,” Mugabe said.

He added that the decision to honour the retired chief justice was arrived
at after advice from the Zimbabwe Defence Forces.

Chidyausiku, whose tenure was both eventful and controversial, died in a
South African hospital last Wednesday where he was receiving medical
attention for liver and kidney related problems.

Mugabe said he worked with Chidyausiku for the success of the land reform
that started in 2000 and replaced white, commercial farmers with landless
blacks.

The move has led to the collapse of Zimbabwe’s once prosperous
agricultural sector, pushing millions to the edge of famine.

” . . . hanzi imhosva vari kuenda vachinogara mumaparazi evarungu,
imhosva. Ndikati aiwa havabatwe, vari kungodemonstrator chete. (They said
it was wrong that blacks were taking over farms occupied by whites but I
said `no, it’s not a crime, they are merely demonstrating’),” Mugabe said
while addressing mourners at Chidyausiku’s residence on Sunday.

The nonagenarian added that he then decided the best way forward.

“Tikaona zvino, aiwa nyaya dzedu dzakufamba zvakanaka. (We then saw that
our issues were being well articulated by the Judiciary).

“Nepfungwa dzedu dzichiwirinawo nehutongi hwanga huripo….nzira yedu
yavhurwa panyaya dzeland reform (We then saw that our policy was aligned
to the thinking of the Judiciary and that a way had been created for the
land reform programme).”

Kent University law lecturer Alex Magaisa described Chidyausiku as a
politician who became a judge but a judge who never forgot his politics.

“There can be no doubt that the most significant legacy of the Chidyausiku
era is encapsulated in his work on the land question,” Magaisa said.

” . . . As chief justice and head of the Judiciary, Chidyausiku was right
at the centre of this revolution, and his pivotal role earned him numerous
accolades and eternal praise from the ruling party and complete disdain
from the farming community that was displaced from the land.”

Magaisa further described the Chidyausiku-era as a time when the Judiciary
“was strongly aligned to government and its policies”.

” . . . To call him a judge of the revolution would therefore be an apt
description. Two cases aptly demonstrate the central role played by
Chidyausiku as the utility player in the prosecution of the highly
controversial land revolution.

“Government needed a friendlier Supreme Court at a time when it was
carrying out the historic land reform process. Unsurprisingly, opposition
and civil society groups have always complained about the lack of judicial
independence.”

COMMENTS

WORDPRESS: 6
  • comment-avatar
    Ndonga 7 months

    So there we have it…

    Our Chief Justice Godfrey Chidyausika not only fully compromised himself as a jurist by being Mugabe’s puppy dog on the land issues, but we from the areas concerned know that he was further compromised morally by his complete silence about the illegal killing of our many relatives there, in that so called “moment of madness”.

    Will his soul ever rest in peace? I doubt it.

  • comment-avatar

    At last Mugabe confesses that he is a dictator, if Chiweshe can die now he will also be declared National hero because he was told to divert people’s will in 2008 holding results for a month as he was instructed to do so by the Gabriel the Dictator

    Idiots

  • comment-avatar
    Nyoni 6 months

    Again we see the lies and deception by a rubbish man who destroyed the lives of so many. WHAT HAVE WE DONE TO HAVE SUCH A THUG WHO IS EVEN MORE WORSE THAN IAN SMITH .

  • comment-avatar
    Doris 6 months

    There is no rule of law in Zimbabwe and very obviously, there never will be while Mugabe is in power. And the U N has just given $300 million dollars for agriculture? What are they thinking?

  • comment-avatar
    MPN 6 months

    Ian Smith and his cronies were far from saints or anything like that- the idea or dream was to build a nation not destroy it as Mugabe has done. Be it 1 or 3 million that have fled the country for what – only to put food on the table.
    Much can be written and said but I think we deserve better – freedom comes at a price but not the price of abject poverty and no voice.

  • comment-avatar
    Rutendo Gwata 6 months

    We have no freedom, genuine employment prospects, food at my families table, real money in my pocket and a future ….. (insert appropriate hashtag !)