the time when the process of expropriation was being challenged in the courts over which
they preside. Current Chief Justice Chidyausiku, who is widely seen as being a staunch
supporter of the ruling party and who assiduously sought to position himself as a
replacement when pressure was being exerted on the incumbent Chief Justice to resign, was
predictably appointed to head the judiciary directly from the High Court and ahead of sitting
Appeal Judges. The Mugabe regime also packed the Supreme Court by promoting three
additional judges, perceived as being sympathetic to the ruling party, as Judges of Appeal.
The jurisprudentially curious judgments that have emanated from the reconstituted Supreme
Court in cases involving the government, have not disappointed President Mugabe.
Judges and magistrates who have continued to give rulings contrary to the perceived
interests of the government or the ruling party have been severely criticised. Two judges
were (unconstitutionally) arrested on charges which were clearly, in one case entrapment,
and very dubious in another, shortly after delivering judgements adverse to the Government.
Some magistrates have been subjected to threats and physically assaulted by ruling party
supporters. Despite these pressures, a minority of judges and magistrates have continued to
perform their duties in an impartial and professional manner.
5.3.5
Legal practitioners
From all over the country lawyers who represent members of the opposition MDC party or
who represent commercial farmers, activist groups or anyone else regarded as an opponent
of the government, have reported being subjected to threats and intimidation. In a number
of instances they have been physically assaulted when dealing with such cases and are
routinely denied access to clients held at police stations.
In May 2007, human rights lawyers Andrew Makoni and Alec Muchadehama were arrested by
the police in Harare. A number of charges were laid against them but more importantly the
charges were related to the MDC members whom they were defending. The incarcerated
MDC members were being accused of taking part in the spate of countrywide petrol
bombings at police stations from January to April 2007. Following the lawyers’ arrest, the Law
Society of Zimbabwe (LSZ) decided to petition the Minister of Justice, Legal and
Parliamentary Affairs to express disapproval at their illegal detention. The demonstrating
lawyers were dispersed outside the High Court in Harare with brute force by police officers
some of whom were armed but all of whom wielded baton sticks. The police also took away 5
prominent lawyers, including the President of the Law Society of Zimbabwe, Beatrice Mtetwa
and dumped them near Eastlea, a Harare suburb, but not before they had savagely assaulted
and tortured them.
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