JUSTICE IN ZIMBABWE 40 ____________________________________________________________________ Efforts were unsuccessful yesterday to get a comment from the Attorney General’s office on whether they had been served with the notice for the minister to appear in court. If the Attorney General’s office was served with the notice, it was not clear why they did not inform Cde Chinamasa and also why no one from that office was at the court. Prof Moyo said Justice Blackie was trying to create a crisis in the country and behaving like a Luddite. A Luddite was a member of English bands of artisans in the 1800s who rioted against mechanisation and destroyed machinery. “This judge is behaving like that. We are trying to bring about an efficient, effective and just judicial system in our country and one person decides to set up a kangaroo court. The next day he sits there and the accused is not there. It is a kangaroo court. Any judgment made and does not respect the minimum standards of natural justice and the right to be heard is a kangaroo judgment. “Who says that this was a criminal matter anyway? Why was the minister not notified?” “How can a judge sit there alone and pretend to be dispensing justice? This is a very sad reminder that we have crude people in our midst.” The minister said justice must be seen to be done and for that to happen, a judge should not be prosecutor and judge at the same time without giving the accused a chance to be heard. “This is a clear violation of our Constitution and we expect judges to be the first to uphold the Constitution. What makes this case stinks, and it stinks all the way to Heaven, is that this judgment is made today by a judge who is retiring tomorrow (Justice Blackie leaves the bench today). Is it settling of personal scores? How can justice be done in this manner? We expect judges to do better. You cannot abuse your position 24 hours before your departure. That is cowardly … And this is being done by a judge who distinguished himself during Rhodesia.” Prof Moyo said there was reason to believe that Justice Blackie, as was said by Cde Chinamasa a few weeks ago, was engaging in misconduct. Three weeks ago, Justice Blackie issued a warrant for Cde Chinamasa’s arrest when the minister was out of the country on Government business. Yesterday’s judgement was made when the minister is out of the country. “Who is he trying to embarrass? Is it the administration of justice, the courts, the minister, the Government or Zimbabwe? There is no doubt that fair minded and law