JUSTICE IN ZIMBABWE
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abiding citizens will see this judgement for what it is: outrageous, sinister, highly
personalised crusade made by someone who should be packing his bags.”
It was also surprising that the notice was not on the High Court motion roll yesterday
and that the judgement was delivered by Justice Smith and not Justice Blackie.
Some High Court officials also failed to get Cde Chinamasa’s court file before the
judgement was read and could not get a copy of the judgement after it was read.
Prof Moyo said Zimbabweans should never again allow a situation where racists
would be appointed to the bench and where the judiciary would be used to settle personal
scores.
“Rhodesian racists are very crude, uncouth and uncivilised and the manner in which
this judgement has been done serves to remind us how crude they are. I would say the
only consolation in this matter is that since this judge is leaving tomorrow, we can say
‘thank God’ because it is good riddance to bad rubbish.”
This statement constituted an even worse contempt than the statements by Mr
Chinamasa.
In the same article The Herald also quoted the Permanent Secretary of Justice, Legal
and Parliamentary Affairs, Mr Mangota as having said:
“… the whole thing was irregularly done and a counsel had been instructed to deal
with the matter and have it corrected. The sentence imposed on the minister therefore has
no force or effect.”
The Minister then lodged an appeal against the judgment against him. The basis of the
appeal was that proper notice had not been given to the Minister or his lawyers of the
proceedings. On 24 July 2002 a High Court judge suspended the three-month jail
sentence imposed on Mr Chinamasa and also suspended the warrant of arrest against
the Minister. The judge gave the lawyers representing the High Court on the contempt
charges ten days to file opposing papers and to show cause why this ruling should not
be upheld.64 Inexplicably no opposing papers were filed within the specified period
and on 21 August 2002 a High Court judge, Mr Justice Hungwe, set aside the
sentence imposed upon Mr Chinamasa for contempt of court and ordered a fresh
hearing in the matter. He also cancelled the warrant for arrest issued in June by Mr
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