JUSTICE IN ZIMBABWE
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Mr Chinamasa said his criticism of the Mr Justice Adam’s judgment was warranted,
did not undermine the integrity of the court and did not therefore constitute contempt
of court. “As a matter of fact,” he said, “the record will show that my criticism was
vindicated by the Supreme Court which was more severe in its criticism of Justice
Adam’s judgment.” (The Supreme Court, it should be recorded, had dealt with the
judgment on appeal and had described the sentence Mr Justice Adam imposed as
“manifestly lenient”, but its criticism was more temperately expressed than Mr
Chinamasa’s). Mr Chinamasa said he was out of the country when Mr Justice Blackie
issued the warrant following his failure to appear in court to answer a charge of
contempt. Finally, Mr Chinamasa said he had asked the Attorney-General to challenge
the validity of the warrant in court.
In its article on 4 July 2002 the Herald also quoted the Attorney-General as saying
that this was a civil matter and not of a criminal nature and that a default judgment
should have been issued instead of a warrant of arrest. He said he did not understand
why a warrant of arrest could have been issued where there was no personal service,
adding that Mr Chinamasa’s lawyers were not served with the notice of the hearing.
The Minister then attempted to prevent the continuation of the contempt of court
charge against himself by including in a General Laws Amendment Act a provision
that would have narrowed down the capacity of the court to institute or continue
contempt proceedings, other than proceedings taken as a result of contempt
committed in the court-room. This provision, had it not been struck down by the
Supreme Court, would have prevented the High Court from continuing the contempt
proceedings in this case.63
The judgment and the reaction to it
In July 2002 the contempt case was resumed in the High Court before Mr Justice
Blackie. Mr Chinamasa again failed to appear before the court. On 17 July 2002 Mr
Justice Blackie gave his judgment in the matter. He found Mr Chinamasa guilty of
two counts of contempt of court. The first charge related to Mr Chinamasa’s attack on
the sentence imposed by Mr Justice Adam in 1999. The second charge related to Mr
Chinamasa’s public remarks reacting to the issue of the warrant of arrest against him.
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