via Don’t be fooled, top court pro-Zanu PF 30 July 2014
AN opposition politician and constitutional law expert, Lovemore Madhuku, says Zimbabwe’s Constitutional Court is fiercely pro-Zanu PF and will do all in its power to defend the party’s interests.
Madhuku made the remarks while addressing journalists and members of civil society on the subject: the new constitution and media freedom.
Madhuku said journalists should not celebrate the recent decision by the Constitutional Court to scrap the criminal defamation law as this did not mean that the courts were now more democratic.
Media rights groups had in the past complained that President Robert Mugabe’s government had often used the criminal defamation law to silence dissent and restrict the freedom of the press.
In its ruling last month the full bench of the Constitutional Court concurred that the law was harsh and excessive under a democratic dispensation.
But Madhuku said there is need for caution in celebrating this victory as the bench still remained fiercely pro-Zanu PF.
“They support Zanu PF as you know most of the judges there. As a common fact they think that Zanu PF is at its best, it is not facing any threat from anyone (at present). That is the reason why you have those laws coming out of the Constitutional Court,” Madhuku said.
“It is not coming out of the Constitutional Court because you suddenly have good judges who are committed to democracy and good governance, not at all!”
Madhuku said once Zanu PF is facing a real threat of being removed from office the “Constitutional Court will change its direction”.
“Now you can go to the Constitutional Court and you will be fine as long as Zanu PF is not under threat that is the current situation. That is what you get. So whenever courts tend to be independent they are only independent when their interests are not being threatened,” he said.
He said the moment judges realised that Mugabe was facing a real political threat judges would “revert to their old tactics”.
The main opposition MDC-T party and Western governments often accused Mugabe of purging independent judges from the judiciary particularly after 2000 and replacing them with pliant judges who do his bidding.
COMMENTS
HIS MASTERS VOICE!APPENDAGE!
HIS MASTERS VOICE! APPENDAGE!
Every state machinery is pro-ZANU PF. The police, military, ZEC, ZBC, CIO, CID, need I go on? They made sure that there is no way the masses can freely determine their destiny & they are ‘shocked’ that so many are in diaspora. They can kiss my ashhhh. If you know what I mean!
Who cares about any court in Zimababwe, Zanu PF do not respect these courts and do exactly what they like.
The judiciary in Zimbabwe is compromised and justice is not available through our legal system.
Mr Mugabe has destroyed the rule of law in the country to serve his own ends.
COURTS HAVE HAD NO RELEVANCE IN ZIMBABWE SINCE 2000. MANY WERE MURDERED IN 2008 AND MAIMED…THE LAW IS ON PAPER BUT NOT APPLIED. IN FACT WE DO NOT LACK LAW….BUT WE LACK RULE OF LAW. WE CAN PILE MANY GOOD LAWS, BUT ZPF IS A PUFF ADDER UNDER THE GOODIES. THEY ARE ABOVE THE CONSTITUTION. DARE THEM AND SEE FOR YOURSELF.
I AM Really surprised by Madhuka. There is no news in what he is saying. Who put that con court in place? What is the purpose of the con court? It is common practice, in fact whom could Madhuka have put in place? Pro-Zanu PF or pro-Madhuka. Let us not fool ourselves, the practice is to put in place someone who will perpetuate and safeguard the interests of the ruling party. If Madhuka was part of con court he was going to be pro ZANU PF.It’s only that he does not have any chance to be one. Otherwise he is suggesting to hire judges from outside Zimbabwe, but we have high employment rate in Zim