JUSTICE IN ZIMBABWE 138 ____________________________________________________________________ 24 After a one-day go slow at the Mutare courts in protect against the attack on the magistrate, the courts resumed operations the next day. Herald 21 August 2002. 25 Daily News 21 August 2002. 26 Mail and Guardian (SA) 31 August 2002. 27 The full details of this episode are to be found in Section B of this report. 28 Daily News 1 May 2002. 29 Daily News 17 August 2002. 30 Financial Gazette 29 August 2002; Daily News 29 August 2002. Note. All the newspapers referred to are Zimbabwean newspapers unless it is indicated otherwise. 31 Taken from a report of the speech in Herald 27 July 2002. 32 The rule of law, in its original formulation by Dicey, involved the principle of equality: nobody is above the law and everybody is subject to the jurisdiction of ordinary courts. 33 It was illegal to do so because the Defence Act [Chapter 11:02] does not give the military authorities any jurisdiction over civilians. 34 The judgment in the case is reported as Chavunduka & Anor v Commissioner of Police & Anor 2000 (1) ZLR 418 (S). 35 Zimbabwe Independent 5 July 2002 36 Buhera North Election Petition, reported in 2001 (1) ZLR at 295. 37 Daily News 8 July 2002 38 Daily News 5 September 2002. 39 Standard 8 April 2002. 40 Daily News 22 August 2002. 41 Herald 29 February 2001. On 13 January 2001 the Commissioner of Police cast off any thin cloak of political neutrality he had worn previously. He publicly announced: “I support ZANU (PF) because it is the ruling party.” See Daily News 16 January 2001. The judgment is reported as Commissioner of Police v Commercial Farmers’ Union 2000 (1) ZLR 503 (H). 42 43 As noted by the Supreme Court in CFU v Min of Lands & Ors 2000 (2) ZLR 469 (S) at 478D. 44 Business Day (SA), 14 December 2000. 45 Houston Chronicle (US) 15 December 2000. 46 The details of this report are taken from a ZW News report on 16 July 2002 and a Daily News report on 17 July 2002. 47 Reports of the number of farmers who obtained these orders vary, but it seems that at least 62 did so. Daily News, 6 September 2002. 48 The Star (SA) 6 September 2002. 49 Daily News 9 September 2002; The Star (SA) 6 September 2002. 50 HB 10, 2002. 51 In so far as the Bill will permit a preliminary notice to be served on a mortgage-holder immediately before a final acquisition order is served on the landowner, the Bill contravenes s 16(1)(b) of the

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