30 The independence of the judiciary since the June parliamentary elections has been under sustained attack from the government. This has been accomplished by the government’s defiance of High Court and Supreme Court orders, the attack upon the integrity of individual judges, and the actual threat of assault and occupation of judges’ homes. Judges who have shown any sign of judicial independence have also been threatened with investigation and disciplinary action for supposed misconduct.xxx The repercussions for handing down an independent judicial decision were certainly highlighted when the Supreme Court finally decided the constitutionality of a presidential decree that banned the MDC election challenges. Five days after the Supreme Court struck down the presidential decree that aimed to thwart the MDC from bringing forth the election petitions, Chief Justice Anthony Gubbay was forced into early retirement.xxxi Amid the public dispute that arose at that time between the judiciary and the government, “war veterans” threatened to assault all judges hostile to the government’s policies.xxxii Chinamasa and other Zanu (PF) officials vowed to overhaul the judiciary, specifically targeting the remaining Supreme Court judges as well as four non-black High Court judges. Black judges, who had made judgments against the state in the past, would also be eliminated.xxxiii Chinamasa stated, “If they [judges] behave like unguided missiles, I wish to emphatically state that we will push them out.”xxxiv Shortly after Justice Devittie nullified the election of three Zanu (PF) parliamentarians and, amid threats to him as a result, the judge tendered his resignation. Just before Devittie’s resignation, a “war veteran leader”, Joseph Chinotimba stated, “Devittie is a judge for opposition parties. The way Gubbay went is the same way Devittie is gong to go.” xxxv Since then High Court judges, Justice Esmael Chatikobo, Justice Michael Gillespie, and Justice David Bartlett and Supreme Court judge, Justice Nicholas McNally have either resigned or retired. Four new judges with Zanu (PF) links were appointed. xxxvi Since the Judge President, Justice Godfrey Chidyausiku, was promoted to the position of Acting Chief Justice in the wake of Gubbay’s departurexxxvii, the government decided to promote Justice Paddington Garwe ahead of more senior High Court judges, such as Justice George Smith and Justice Mohamed Adam both who have been targeted by the government in their moves to purge the judiciary.xxxviii Additionally, Justice Vernanda Ziyambi was elevated to the Supreme Court in August 2001. Still, judges have remained resilient in the face of enormous adverse pressure. On political violence, Justice Moses Chinhengo stated, “Violence as a means to an end has entered and lodged itself in the national psyche. It must be exorcised…we need peace and tranquility when we elect our leaders during national elections.” xxxix On attacks on the judiciary, Justice Chatikobo stated, “Judges and magistrates cannot discharge their duties properly if they are subject to direction or control from …the government of the day…the courts [need] to administer the laws of the country without fear, favour or prejudice, independently of the consequences which might ensue.”xl xxx Gillespie, J. The State v. Tapfuma Humbarume and Ask Ndoro p.4 Zimbabwe Human Rights Bulletin, p.24 xxxii The Standard, 18-24 February 2001, p.1 xxxiii The Standard, 11-17, p.1; The Standard, 18-24, p.1; The four non-black judges that were targeted were, Justice George Smith, Justice Michael Gillespie, Justice Fergus Blackie and Justice James Devittie. Two black judges that condemned the government’s interference and intimidation of the judiciary were Justice Esmael Chatikobo and Justice Moses Chinhengo. xxxiv The Daily News, February 6, 2001, p.2 xxxv The Eastern Star, May 4, 2001 xxxvi The Daily News, December 22, 2000, p.1-2: Ben Hlatswayo, Rita Makarau, Anne Gowora, and Charles Hungwe xxxvii The Standard, 24-30 June p.1 xxxviii The Standard, February 25-March 3, 2001 p.1 xxxix The Daily News, February 7, 2001, p.1 xl The Daily News, February 27, 2001, p.3 xxxi AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.