JUSTICE IN ZIMBABWE
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Also on 16 September, the Trustees of the Legal Resources Foundation issued a
statement in which they said:
“In an action chillingly reminiscent of the tactics of the apartheid régime, the Hon Mr
Justice F C Blackie, a recently retired judge of the High Court, was arrested at his home
at 4 a.m. on Friday 13 September by law enforcement agents. …
Despite an order being given by a High Court judge for him to be brought
immediately before the High Court, the police at several stations refused to accept the
order, claiming that they did not know his whereabouts. He was only brought before the
court the following day. Even if there is evidence to support the allegations against him,
the arrest of Mr Justice Blackie raises serious concerns.
In the first place, it was not necessary to arrest him at all on such a charge. It would
have been quite sufficient to have issued a summons. The courts in this country have
repeatedly stated that arrest should only be resorted to when it is necessary.
Secondly, the time and manner of his arrest, and the subsequent attempts to con ceal
his whereabouts and to prevent him from being brought to court, are regrettably typical
of the way in which perceived opponents of the government are treated. On more than
one occasion people have been arrested and so treated and later released without any
charge being brought.
In more general terms, it seems to be increasingly common for people to be arrested
on a Friday so that the police can detain them for the weekend before bringing them to
court. This appears to be no coincidence, but deliberate policy. It is wholly indefensible.
We wish to place on record our increasingly deep concern at the sinister manner in
which law enforcement agents regularly flout their obligations to the people of
Zimbabwe, whose constitutional rights are being eroded as a result.”
The Zimbabwe Lawyers for Human Rights issued the following statement:
“The detention of former Justice Blackie smacks of outright retribution by the
government for his judgment against the Minister of Justice, Legal and Parliamentary
Affairs, Patrick Chinamasa, in which the minister was sentenced to a three-month term of
imprisonment and a fine for two instances of contempt of court. The judgment was
subsequently nullified in a procedurally questionable manner by the High Court in
Harare. Although the police were obliged to imprison Mr Chinamasa by order of court,
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