Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe President’s unsuccessful attempt to ‘disappear’ them - the Movement for Democratic Change’s challenges to the election results of June 2000. Lawyers, some of whom have been assaulted by ‘war veterans’ while investigating or representing clients, objected to CIO security staff being deployed as gatekeepers at the High Court in Harare. On 17 March 2000 Justice Garwe first ruled the occupation of commercial farms an illegal trespass. Justice Chinhengo later upheld Justice Garwe’s original order. Garwe gave the war veterans 24 hours to remove themselves before requiring the police to remove them and to ignore executive intervention which might prevent that action. Both war veterans and police ignored his order, the latter applying to be absolved from his order and arguing that a political solution was required to the issue of trespass. Chenjerai Hunzvi also ignored Justice Garwe’s order to remove his followers from the farms and reportedly told the High Court that the State President actually controlled those occupying the farms. Presidential spokesman George Charamba noted that the Government could not defy court orders, especially from the Supreme Court which upheld the High Court rulings, but realities on the ground militated against compliance. Its own consent to the order was seen by one independent newspaper as Government’s symbolic means of declaring its own actions to be constitutional, legal and orderly while doing exactly what it wished.1 Three issues formed the core of the MDC’s 39 court challenges to the June 2000 election results: intimidation, irregularities and treating. The MDC appeals were eventually set down for hearing between January and May 2001, as non-urgent, by Judge President Godfrey Chidyausiku. They were heard by High Court judges Devittie, Garwe and Ziyambi. The latter two have been thought to have personal links with Zanu-PF. Justice Garwe, who in January 1999 had taken four days to issue an urgent release order for Mark Chavunduka and Ray Choto against the police and army, during which time they had been tortured, was later appointed Judge President to replace Godfrey Chidyausiku. Justice Ziyambi was promoted to the Supreme Court bench, after she had found against MDC petitioners in two cases but annulled the Zanu-PF result in the Chiredzi North constituency. Justice Devittie found in favour of the MDC in three of their electoral challenges (Buhera North, Hurungwe East, Mutoko South). Joseph Chinotimba was reported as telling one paper ‘Devittie is a judge for opposition political parties. The way Gubbay went is the same way Devittie is going to go’.2 Later, Justice Devittie was quoted as noting that his rulings to uphold three MDC petitions against the election results caused him ‘more anxiety than I have had cause to feel in the time I have sat on the [High Court] bench’.3 He resigned shortly thereafter. Two other High Court judges also resigned, including Justice Chatikobo, who in 2000 was reportedly described by Jonathan Moyo as ‘a night judge dispensing night justice’ in Moyo’s attack on Capital Radio and its equipment. With its cultural overtones of witchcraft, this description was publicly condemned by Justice George Smith, who also expressed concern at Zimbabweans' growing disregard for the law and its enforcement agents.4 The Financial Gazette 30.11.00. Eastern Star 4.5.01. 3 The Herald 27.4.01. 4 The Daily News 31.10.00. 1 2 44