JUSTICE IN ZIMBABWE 137 ____________________________________________________________________ Note All references to newspapers are to Zimbabwean newspapers unless otherwise indicated. 1 See Appendix 5. See Herald 19 January 2001; Daily News 6 February 2001; Independent 9 March 2001. It should be noted that all the judges except Mr Justice Gubbay were appointed to the Bench after Independence, either by or on the recommendation of Mr Mugabe himself. Even Mr Justice Gubbay was appointed as a judge of the Supreme Court, and later Chief Justice, after Independence. 2 3 Star (S.A.) 12 January 2001. 4 Star (S.A.), 4 December 2000. 5 Star (S.A.) 25 January 2001. 6 The IBA Report of Zimbabwe Mission 2000 at page 98 records that President Mugabe assured the IBA mission that he had no intention of “packing” the Supreme Court. The emptiness of the assurance became apparent very shortly afterwards. 7 He has said on several occasions that land resettlement is a political, not a legal, issue, and while still a judge of the High Court attempted to vary a ruling of the Supreme Court on the issue. Interviewed on ZTV in 1983 when he was Attorney-General Mr Chidyausiku said: “I don’t think it is desirable that we should puppet judiciary,” he said. “We should have an independent judiciary rather than one that panders to the wishes of government. We should have a judiciary that is prepared to make a decision that is unpopular with government.” (Quoted in Zimbabwe Independent 12 January 2001) 8 9 As indicated in an earlier note, the IBA Report of Zimbabwe Mission 2000 at page 98 records that President Mugabe assured the IBA mission that he had no intention of “packing” the Supreme Court. 10 Bartlett, Chatikobo, Gillespie and Devittie JJ and, more recently, Blackie J. Adam J is currently o n leave pending retirement. 11 See for example the judgments of Hlatshwayo J in Igudu Farm (Pvt) Ltd v Commissioner of Police & Ors HH-143-2001, dealing with the land issue, and Hove v Gumbo HH-43-2002, an election petition. 12 Though the woman’s name was White, in fact she wasn’t. 13 The contempt of court case is dealt with in detail in the next part of this report. 14 Daily News 17 September 2002. 15 See Part 8 of section B of this report. 16 See Part 10 of section B of this report. 17 Daily News 28 August 2001; Standard 9 September 2001. 18 Standard 9 September 2001. 19 Cape Times 12 November 2001. 20 Daily News 16 January 2002. 21 Herald 21 February 2002 22 Daily News 17 August 2002 23 Daily News 20 August 2002