2. International Human Rights Day 2005: Zimbabwe
Extract from Justice in Zimbabwe (2002)
Starting in 2000 a sustained campaign was conducted against judges perceived to be anti-government. Senior politicians repeatedly attacked the judiciary. Vice-President Muzenda, at a by-election rally, warned white judges against continuing their policy of “haunting blacks and favouring whites”. It was a pity, he said, that the same white judges who passed judgments against black majority rule before independence continued to haunt black Zimbabweans. The Minister of Justice, Mr Patrick Chinamasa, said that the government would not rest until there was a complete overhaul of the judiciary. “Eurocentric” judges regarded as being in conflict with the other arms of government and perceived as constituting “the main opposition to the ruling party” would have to go. Judges should be politically correct, and if they behaved like “unguided missiles, I wish to emphatically state that we will push them out”. “The present composition of the judiciary,” he said, “reflects that the country is in a semi-colonial state, half free, half enslaved.”
The war veterans’ leadership backed the Minister. Dr Chenjerai “Hitler” Hunzvi (then a member of Parliament) vowed to oust the entire Supreme Court bench and four non-black High Court judges, and is reported to have said in Parliament:
“We are not afraid of the High Court … this country belongs to us and we will take it whether they like it or not. The judges must resign. Their days are now numbered as I am talking to you … I am telling you what the comrades want, not what the law says.”
Another war veterans’ leader noted: “The judiciary must go home or else we will chase them and close the courts indefinitely until President Mugabe appoints replacements.” This particular threat was followed by one to remove judges by force if they did not resign within a fortnight. “We are the custodians of the people’s revolution”, he said, and we cannot allow these colonial and racist judges to continue to serve white colonial interests in Zimbabwe under the so-called rule of law.” These statements have not been repudiated or condemned by any government official, nor has any action been taken to prosecute those who made them.
In November 2000, “war veterans” and ZANU (PF) supporters physically invaded the Supreme Court during a case, some carrying arms. They beat up a guard and prevented the court from sitting. Police responded only much later. The Minister of Justice did not condemn this invasion and none of the invaders has been prosecuted.
Some of the Principles enshrined in the Basic Principles on the Independence of the Judiciary
(adopted by the Seventh United Nations Congress)
- The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
- The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
- There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law.
- The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.
- Judges … shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.
