JUSTICE IN ZIMBABWE 10 ____________________________________________________________________ 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.

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