Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe General Bar Council was quoted as saying.1 However, at the start of 2001, the Law Society of Zimbabwe was still confident ‘that the courts of Zimbabwe will continue to uphold the Constitution without fear or favour… They have been impartial, fearless of public clamour, regardless of public praise and indifferent to private, political or partisan influences. They have administered justice according to the law’. 2 The Law Society later demonstrated in all major cities and towns, calling for Government to enforce court orders and for the rule of law to be restored immediately. The State President refused to accept the Law Society’s petition. Whether or not our judiciary will indeed survive as a reputable institution in which citizens and the outside world (can) have any faith, remains to be seen. Even Zanu-PF-PF’s Eddison Zvobgo was reported as noting earlier ‘We have allowed confidence in our legal system to slide’.3 Massive restructuring may be necessary in the not-too-distant future. The politicisation of our judiciary has been absolutely explicit. Zacharia Ziyambi (Zanu-PF, Kadoma West) stated in Parliament that ‘when we are at this stage of pursuing our revolution, they [judges] need also to play the tune … they also need to bend down and do like what the revolution requires us to do’.4 Philip Chiyangwa (Zanu-PF, Chinhoyi) proposed to seek a Parliamentary commission of enquiry into the judiciary, to ‘impeach’ the Chief Justice. Among many senior politicians, Justice Minister Patrick Chinamasa recurrently attacked the judiciary,5 particularly the former Chief Justice, in the state-controlled media and in Parliament. In addition to calling for the removal of the Chief Justice because he was first appointed to the High Court by the ‘racist Smith regime’, Chinamasa was repeatedly quoted as saying 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: if they behave like ‘unguided missiles, I wish to emphatically state that we will push them out’. ‘The present composition of the judiciary reflects that the country is in a semi-colonial state, half free, half enslaved’. Chinamasa also inveighed against high-ranking blacks who, he alleged, had forgotten their humble origins and ‘delude themselves into thinking that they are where they are solely through their own merit’. He denied intimidating the judges.6 The war veterans’ leadership backed Chinamasa. Chenjerai Hunzvi (Zanu-PF, Chikomba) vowed to oust the entire Supreme Court bench and four non-black High Court judges.7 1 The Daily News 14.2.01. The Herald 19.1.01. 3 The Daily News 13.9.00. 4 Parliamentary Debates 27,44:4383-4. 5 The Supreme Court had earlier ruled that Chinamasa should be charged with contempt of court under the common law for a public outburst while he was Attorney-General, despite his constitutional defence (The Herald 7.11.00). 6 See The Herald 19.1.01; The Daily News 6.2.01; The Zimbabwe Independent 9.3.01. 7 The Standard 4.3.01. 2 39

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