JUSTICE IN ZIMBABWE
10
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judges who passed judgments against black majority rule before independence
continued to haunt black Zimbabweans.3
The war veterans’ leadership backed the Minister. Chenjerai “Hitler” Hunzvi (then a
member of Parliament) vowed to oust the entire Supreme Court bench and four nonblack High Court judges, and is reported to have said in Parliament:
“We are not afraid of the High Court ... this country belongs to us and we will take it
whether they like it or not. The judges must resign. Their days are now numbered as I am
talking to you ... I am telling you what the comrades want, not what the law says.”
Another war veterans’ leader noted: “The judiciary must go home or else we will
chase them and close the courts indefinitely until President Mugabe appoints
replacements.” This particular threat was followed by one to remove judges by force
if they did not resign within a fortnight. “We are the custodians of the people’s
revolution”, he said, and we cannot allow these colonial and racist judges to continue
to serve white colonial interests in Zimbabwe under the so-called rule of law.”4 These
statements have not been repudiated or condemned by any government official, nor
has any action been taken to prosecute those who made them.
In November 2000, “war veterans” and ZANU (PF) supporters physically invaded the
Supreme Court during a case, some carrying arms. They beat up a guard and
prevented the court from sitting. Police responded only much later. The Minister of
Justice did not condemn this invasion and none of the invaders have been prosecuted.
The then Chief Justice, Mr Justice Gubbay, and Mr Justice Sandura met the acting
president, ostensibly to discuss the threats to the judiciary by the “war veterans”, but
were reportedly faced with an attack on the judiciary itself which was later repeated
by the President.
The Chief Justice was then induced to retire early, first from March and then from
July 2001, but taking leave meanwhile. This occurred five days after the Supreme
Court had struck down as unconstitutional the regulations made by the President
which attempted to nullify the MDC’s petitions against results in the 2000
parliamentary elections.