ACTION ALERT : Demand that Magistrate Zuze respects the law!
Farmers in Chipinge have been having a terrible time in recent days. SW Radio Africa reported yesterday that two farmers, Dawie Joubert and the ex-President of the CFU, Trevor Gifford, were arrested yesterday for apparently being ‘in contempt of court’. SWRA reported that the men had been going to the assistance of four other farmers – Algernon Taffs, Mr Z.F Joubert (Dawie Joubert’s father), Mike Odendaal and Mike Jahme – who were all convicted for refusing to leave their properties. (The full details affecting these farmers on SWRA).
We have just been advised that Trevor Gifford and Dawie Joubert are now facing the weekend in a Mutare cell, after a court case organised from Chipinge failed to take place today because there was no magistrate available to hear their case. The CFU’s current president, Deon Theron, told SWRA yesterday that lawyers in the Chipinge area were refusing to take the case, and that they were also battling to find legal representation for the men.
In fact, both men should not be imprisoned at all.
A last minute stay of eviction was granted by the High Court on Wednesday after an urgent application was filed by the farmers’ legal representatives shortly after their sentencing. The High Court ruled that they could remain on their properties until the appeal against their conviction and sentences were concluded. But Magistrate Dzuze on Thursday refused to recognise the High Court order and is being accused of ‘grossly exceeding his jurisdiction.’ Joubert and Gifford had tried to deliver a letter to Dzuze clarifying the High Court’s position, but the Magistrate instead responded by ordering their arrest (via SWRA).
Sources told us yesterday that the real reason for MagistrateZuze’s zeal is because he is lined up to be a beneficiary of Trevor Gifford’s farm. Zuze’s position of power affords him the opportunity to ignore the rule of law, and use it to achieve his own personal objectives. His actions make a total mockery of any principle of justice, and reveal him to be unfit for his job.
TAKE ACTION:
Please call or sms Magistrate Zuze on +263 91 25 20994 and tell him that his actions are vindictive and shocking. Tell him you are horrified that he would imprison anyone in one of Zimbabwe’s hellish prisons on such a spurious charge. Advise him that you are aware of why he is doing this and that he has disgraced himself and his profession.
Ask him to respect the importance of his judicial role in a civilised society, and to set a standard for the rest of Zimbabwe. Ask him to do the right thing, which is to release the men immediately and to respect and uphold the High Court rulings.
January 30th, 2010 00:42
Correction
Mr Gifford is not in his 70’s he is in his 40’s.
I asume that Magistrate Zuze should be either arrested or fired for his gross lack of respect for the courts of law in Zimbabwe…
January 30th, 2010 01:08
Thanks for the correction – post now amended. We’ve also corrected the spelling of Zuze’s name.
January 30th, 2010 05:51
@Anonymous –
Magistrate Zuze should be arrested and placed in gaol in solitary confinement without access to lawyers – the same as what he does to others.
January 31st, 2010 11:18
The problem with these guys in the Justice Department is that they dont even know how life in Prison is ,it should be made part of their training programme to spend time inside without the Prison Guards knowing about their attachment so that they fully appreciate the consequences of their judgements.
February 1st, 2010 09:26
Magistrate Zuze is typical of the present day government officials who have become nothing more than bullying despots using the protection of their position. As long as there are people like him in Zimbabwe there is no hope for the future. I think he was probably a little wet at school who is now picking on those who are unable to fight back to make up for his childhood. This is the sort of thing that the MDC should be looking at or are they also going the same way of Joshua Nkoma and ZAPU in the early days – appeasment and absorption??
February 1st, 2010 09:35
magistrates and judges should know that there is life after zanu pf.THEY OWE IT TO THEIR PROFESSION IF INDEED THEY ARE PROFESSIONALS.Those who sup with the devil like this need very long spoons.
February 1st, 2010 09:47
The magistrates conduct is not surprising That is zanu pfs entrenched system of patronage -u remember judges luxury vehicles,plasma tvs generators and large farms//who can bite the head that feeds him/THOSE JUDICIAL OFFICERS WHO STAND UP TO ZANU PF HAVE SPURIOUS CHARGES COOKED UP AGAINST THEM AND GOTTEN RID OF-god help us.
February 1st, 2010 14:40
The Two Farmers have been released on bail, with more charges against them.
They are to report to the police once a week and pay a US$200 bail after their lawyer had to negotiate from US$1000,00 bail and report every day to the police station.
February 1st, 2010 19:36
It seems the letter is also signed on bahalf of the Minister? How can such a fundamental document that deprives the rightful owner of his property be signed on behalf of a Minsiter. How can this so called magistrate sleep at night? What does he teach his kids? That it is OK to use power for personal gain? What about the rule of law that he agreed to uphold? How morally corrupt can a person be to issue a verdit based on a letter he received a few days ago?
Why does he want the farmeers personal belongings that he has not worked for if all he wants is the land? These people are a disgrace to thinking black people who understand that freedom does not mean enslaving other races!
February 5th, 2010 15:23
@Anonymous –
Leave the dear Magistrate alone. He is only doing his job. Don’t influence him, please.
February 5th, 2010 15:33
Guys, give us a break and get serious. Who are you to tell the learned Magistrate on what to do, who to prosecute and who to spare? For Pete’s sake, leave him to do his work.
Magistrate Zuze, I dont know you but hats off to you if people hate you like this. It means you know what you do and my encouragement is do not give in. Press on with what the law says. Let the criminals go to prison and those who defend them–let them take some sadza to the prison to feed their criminal loved ones.