that the expensive products were to enable judges to focus more on their work and
to enable them to work from home in the event of the frequent power cuts. There is
an established pattern of such “gifts,” which are obviously intended to ensure the
loyalty of pro-ZANU-PF judges or win over those who seek to maintain their
impartiality, particularly in matters involving the government or the opposition.
Lawyer Harrison Nkomo told Human Rights Watch:
The RBZ itself is a potential litigant. It may find itself before the same
judges who are recipients of its gifts. Notwithstanding that the tenure
of judges is secure; these perks expose judges to undue influence by
politicians… The donations have heavily compromised judges and
have damaged their standing in the eyes of the public.45
The RBZ has also allocated houses to judges and is directly augmenting their
salaries over and above constitutionally guaranteed remuneration from the
Consolidated Revenue Fund.46 Beatrice Mtetwa, president of the Law Society of
Zimbabwe, explained that while the Law Society supports proper remuneration for
judges, remuneration by the Reserve Bank compromises the administration of
justice.47
On August 15, 2008, RBZ Governor Gideon Gono responded to criticism of the gifts by
saying that the Reserve Bank Act legally authorizes the Central Bank to assist
government programs. He added that the conditions of service for the country’s
judiciary had deteriorated to levels that did not promote operational efficiencies.48
Similarly, Master of the High Court Charles Nyatanga claimed that the RBZ was
merely “[giving] judges essential tools to necessitate them to work effectively.”49
45
Human Rights Watch interview with lawyer Harrison Nkomo, Harare, August 18, 2008.
46
“RBZ Splurges on Judges,” The Zimbabwe Independent, August 7, 2008.
47
Human Rights Watch interview with a human rights lawyer and senior member of the Law Society of Zimbabwe, Bindura,
August 19, 2008.
48
“Enhancement of Working Conditions for the Judiciary,” Reserve Bank of Zimbabwe press statement, August 15, 2008. See
also the Sunday Mail, August 17-23, 2008).
49
Makamure, “RBZ Splurges on Judges,” The Zimbabwe Independent.
17
Human Rights Watch November 2008
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