JUSTICE IN ZIMBABWE
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the Public Order and Security Act. The ZCTU sought an order from the High Court to
stop police from sitting in on and monitoring these meetings.
In April 2002 a High Court Judge, Mr Justice Chinhengo, ruled that the police were
not entitled to be present at nor to monitor these meetings. He correctly held that the
Public Order and Security Act did not apply because the union’s gathering was not a
“public meeting” as defined in the Act.
The day after this verdict was reported in the press George Charamba, the permanent
secretary in the department of information in the President’s office condemned the
decision by Mr Justice Chinhengo in these terms58:
“Government is disturbed by the decision by Justice Moses Chinhengo to bar police
from ZCTU meetings. The decision is disturbing in so far as it smacks of an open
invitation to the ZCTU to embark on lawless actions with impunity.
[The ZCTU had been] planning an illegal post-election stay-away whose purpose had
everything to do with the failed attempt to use violence to overturn the result of the
presidential election and nothing whatsoever to do with the labour matters.
Government will fully implement the public order and security act at all times and
everywhere in the country without any exception as a matter of the rule of law. We
expect more things to come. The government is saying loudly they will disregard the
judgement. We don’t believe it’s only this judgement, but any other judgement they will
treat with impunity.”
These utterances led to a contempt of court charge being brought against Mr
Charamba in the High Court. Judgment in this matter is still awaited.
Alleged contempt of court by Mr Chinamasa
The contemptuous statement
When the Minister of Justice, Mr Chinamasa, was the Attorney-General he spoke to
the press strongly criticising the sentence imposed upon three Americans who were
found guilty of being in possession of a large quantity of arms. He said that the judge,
Mr Justice Adam, had imposed a completely inadequate sentence on the convicted
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