V. A Compromised Judiciary The ZANU-PF government has undermined the independence of the judiciary. This process began in earnest in 2000 when judges, on a number of occasions, ruled that the government’s land reform program was unlawful. In a bid to revive fast-dwindling political fortunes from February 16, 2000, ZANU-PF organized and instigated war veterans to invade and occupy white-owned commercial farms. The initial ruling on the matter was made in response to an application to the High Court by the Commercial Farmers Union, an organization representing white farmers, to have the “invasion” of farms declared illegal. On March 17, 2000, Justice Paddington Garwe declared that the occupation of farms by squatters was unlawful, ordered all squatters to vacate the farms within 24 hours, and directed the Commissioner of Police Augustine Chihuri to instruct his officers and members to enforce the order.20 The Court also ordered Chihuri to disregard any instruction from any “person holding executive power in Zimbabwe” that countered the eviction order. Commissioner of Police Chihuri appealed against the order, arguing that the police did not have sufficient resources to enforce the order. On April 10, 2000, Justice Moses Chinhengo dismissed the commissioner’s appeal and upheld Justice Garwe’s order.21 However, police still did not take enforcement action.22 On November 10, 2000, the Supreme Court granted an order by consent declaring that the entry of uninvited persons on commercial farming properties was unlawful and that police must remove all squatters from the farms.23 The order was again not implemented. On December 21, 2000, the Supreme Court ruled that the government’s land reform program was unconstitutional and violated article 16 of the Constitution, which guarantees property rights.24 20 See Commissioner of Police vs. Commercial Farmers Union (HC 3985/2000). 21 Address delivered by the Chief Justice Anthony R. Gubbay at the opening of the legal year in the High Court, Harare, January 8, 2001. 22 Ibid. 23 Ibid. 24 Ibid. 13 Human Rights Watch November 2008