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Threats against judges
Starting in 2000, but following on a serious conflict between the government the judiciary after
the torture of Mark Chavunduka and Ray Choto, 3 a fierce campaign was waged against certain
judges. Among other senior politicians, the Minister of Justice repeatedly attacked the judiciary in
the state-controlled media and in Parliament. He was quoted as saying that the government
would not rest until there was a complete overhaul of the judiciary. “Eurocentric” judges
regarded as being in conflict with the other arms of government and perceived as constituting
“the main opposition to the ruling party” would have to go. Judges should be politically correct,
and if they behaved like “unguided missiles, I wish to emphatically state that we will push them
out”.
Although every member of the judiciary had been appointed to his post with Mugabe’s approval
after Independence, he added:
“The present composition of the judiciary reflects that the country is in a semicolonial state, half free, half enslaved.”
In November 2000, several hundred war veterans stormed the Supreme Court building led by
war veteran leader, Joseph Chinotimba. Chitotimba made various threats and he spoke to the
then Chief Justice, Anthony Gubbay, on the phone. He told reporters afterwards that he had told
Gubbay:
“I have told him in no uncertain terms that he is putting his life at risk by
remaining in office when we have made it clear we no longer want him. I told
him to vacate his office today. If he does not go, we will declare war.”
The Minister of Justice, Patrick Chinamasa, subsequently told the Chief Justice that unless he
resigned, his safety could not be guaranteed. Similar threats were made against Judge McNally
and Judge Ebrahim. Judge Gubbay and Judge Ebrahim retired as a result of intimidation and
political pressure. This included frank statements by Chinamasa that ridding the Supreme Court
of established judges served to ‘exorcise . . . the racist ghost of Ian Smith’. (Sources: Guardian
Special Report: Zimbabwe 13 February 2001; The Toll of Impunity n 15 at 53). Chinamasa
subsequently told church leaders that “Violence is a necessary tool for a successful land reform
programme.”
3
Chavunduka and Choto were viciously tortured after a story was published in the Zimbabwe Standard alleging a coup in
the military. Senior army officers and government officials blatantly ignored court orders for their release.
Their words condemn them:
The language of violence, intolerance and despotism in Zimbabwe.
Select target paragraph3
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