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SOKWANELE
Enough is Enough
Zimbabwe
We have a fundamental right to freedom of
expression!
19 October 2004
If
Zimbabweans are unhappy about the quality of justice delivered by the country’s
ailing legal system, they should know that many of those who work within the
system are equally unhappy. By and large those employed by the Ministry of
Justice to run the courts, including magistrates, prosecutors, clerks,
interpreters, recorders and a host of minor functionaries are not a happy
lot. Political interference, poor
working conditions and low salaries have led to a spate of resignations in
recent months, and among those left morale is at an all-time
low.
The trend has accelerated since the year 2000 with a
particularly high level of resignations among magistrates. According to the
Ministry of Justice’s own staffing office statistics 24 magistrates and almost
as many prosecutors resigned in 2003. In the same year the Ministry lost 39
employees from the lower grades, including clerks, interpreters and recorders.
And in the first 9 months of 2004 the Ministry has lost a further 12
magistrates, 10 prosecutors and 36 clerical staff. These figures do not include deaths,
dismissals and desertions which account for an average of 50 employees
annually.
A significant number of the resignations can be directly
attributed to political interference. An
official from the staffing office who requested anonymity, indicated that for
the period 2001 to 2003 most of those resigning did so because of political
intimidation.
“The period in question saw a number of staff members
resigning because of political intimidation”, the official said. “The political atmosphere was very tense then
such that it was not worth waiting.
However the resignations we are currently experiencing are as a result of
poor working conditions and a small number as a result of political
interference. The morale in the Ministry
is very low, so it is either one finds himself resigning or engaging in corrupt
activities so as to make a meaningful
living”.
Such revelations are hardly a cause of surprise though
they do confirm a trend which has serious implications for the delivery of
anything like a professional service from the Ministry of Justice. Earlier this
year a former Administrative Court Judge, Michael Majuru, resigned and went into
self-imposed exile in South Africa after being subjected to altogether
unprofessional, political pressure by the Justice Minister, Patrick
Chinamasa. Majuru was ordered to delay
judgment in the case concerning the banning of the Daily News and the Daily News
on Sunday – a delay altogether to the advantage of the government which was a
party to the case. Majuru subsequently recounted how Chinamasa shouted at him
for daring to rule in favour of the Daily News which the Minister regarded as a
threat to national security. Thereafter Majuru found himself being subjected to
CIO surveillance. Some time later the
Judge was led into a trap, widely believed to have been set by Chinamasa
himself, when he inadvertently commented on a case then pending in the presence
of certain members of the public. The
Judge took the only honourable course open to him of recussing himself from the
case. Subsequently he resigned his appointment and left the
country.
Nor is this by any means the only instance of direct
political interference and blatant intimidation leading to the resignation of a
judicial officer. From the untimely
resignation of the former Chief Justice Anthony Gubbay in the wake of the
parliamentary elections of 2000, there have been a number of other resignations
of senior Judges due to the unconstitutional meddling of the Executive in
judicial matters. Magistrates also who
have dared to rule against ZANU PF interests have frequently found themselves
being hounded by mobs of supporters of the ruling party. The case of the Chipinge Magistrate, Walter
Chikwanha, comes to mind immediately. On
16th August 2002 the unfortunate Magistrate was seized by an unruly
mob of war veterans and beaten up. (It later transpired that the Chipinge CID
had escorted the thugs to the court house)
ZANU PF supporters also assaulted the Kwe Kwe Magistrate, Tendayi
Madanire, when he granted bail to Emmerson Mnangagwa’s protégé, Burden, who was
arrested on a charges of illegally dealing in gold. And in Bindura in 2001 the
late Lawrence Malimbiza, had to face an angry ZANU PF mob at the court house
when he dared to rule against some local opportunist land grabbers.
better reason not to trust those now effectively in
control. The beast is ailing and no
one knows that better than those who work
inside the system.
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