News / National
Daggers drawn against Harare High Court Judge
28 Mar 2013 at 19:05hrs | Views
DAGGERS have been drawn out against Harare High Court Judge, Justice Charles Hungwe, days after he ordered searches at the offices of three ZANU-PF ministers as well as issuing a verdict ordering the release of celebrated human rights lawyer, Beatrice Mtetwa.
The State media, said to be acting on the orders of one of the powerful cliques within ZANU-PF, has dusted a decades-old case in the aftermaths of his rulings and invited attacks on the judge who was described in a 2009 leaked United States cable as "perhaps Zimbabwe's most independent judge."
This week's attacks on the judge centred on his failure to sentence a 55-year-old man he convicted in 2003 on robbery and murder charges after losing his court records as well as his decision to release Mtetwa.
Observers, however, pointed out this week that the High Court Judge had become a marked man among hardliners in ZANU-PF for passing some verdicts they deem to be unpalatable to the establishment.
ZANU-PF has a record of interfering with the judiciary in violation of the principle of separation of powers. A number of judges, including then chief justice Anthony Gubbay, were forced off the bench, a development that left many raising questions about the independence of the judiciary.
On Sunday, ZANU-PF Politburo member, Jonathan Moyo led the attacks saying Justice Hungwe had issued an illegal night order which had shocking developments."Justice Hungwe unlawfully ordered Mtetwa's release without giving the police the all-too-important right to be heard on the reasons why they were holding Mtetwa on criminal charges. Justice Hungwe's order made under the dead of the night at his farm is the latest case of a night court dispensing night justice under the cover of the night," said Moyo.
But Harare lawyer, Chris Mhike on Tuesday said the keeping of files or records is not the responsibility of judges, but the court registry, adding that there was nothing amiss for a judge or magistrate to hear a case beyond the normal working hours, particularly in urgent applications.
"I don't know the exact circumstances of the case, but there is nothing amiss because justice should operate 24 hours a day, seven days a week because the police do not rest in arresting people and citizens never take leave in their pursuit for justice and situations requiring application of the law are not restricted by time limits," said Mhike.
Political analyst, Gideon Chitanga, said as elections beckon the country was likely to see more illegal detentions and abuse of human rights with judges being put under intense pressure to persecute dissenting voices.
Besides ordering searches on Mines and Mining Development Minister Obert Mpofu, Transport and Infrastructural Development Minister Nicholas Goche and Youth Development, Indigenisation and Economic Empowerment Minister Saviour Kasukuwere, the judge also ordered Mtetwa's release, decisions that have proved to be unpopular within certain ZANU-PF circles.
In another ruling that proved to be unpopular with ZANU-PF, Hungwe granted bail to Movement for Democratic Change (MDC-T) treasurer general Roy Bennett when he was facing charges of banditry and plotting an insurgency in the country.
The judge also granted bail to former ZANU-PF Mashonaland West chairperson Phillip Chiyangwa during the time when he fell out with elements within his party and was being charged under the Official Secrets Act.
In 2006, Hungwe slammed the police in a matter in which six MDC-T activists were being charged following the alleged discovery of an arms cache. The prosecution withdrew charges citing intimidation by law enforcement agents and refusal for lawyers to see the accused persons.
"This behaviour deserves the highest possible censure. It cannot be justified in a democratic society.One cannot simply condone such blatant refusal of access by the police. This type of conduct brings the administration of justice into disrepute," said Hungwe then.
Analysts said the focus among ZANU-PF headliners would be on judges deemed to be independent with the "compliant ones" escaping scrutiny despite their incompetence and alleged bias.
The State media, said to be acting on the orders of one of the powerful cliques within ZANU-PF, has dusted a decades-old case in the aftermaths of his rulings and invited attacks on the judge who was described in a 2009 leaked United States cable as "perhaps Zimbabwe's most independent judge."
This week's attacks on the judge centred on his failure to sentence a 55-year-old man he convicted in 2003 on robbery and murder charges after losing his court records as well as his decision to release Mtetwa.
Observers, however, pointed out this week that the High Court Judge had become a marked man among hardliners in ZANU-PF for passing some verdicts they deem to be unpalatable to the establishment.
ZANU-PF has a record of interfering with the judiciary in violation of the principle of separation of powers. A number of judges, including then chief justice Anthony Gubbay, were forced off the bench, a development that left many raising questions about the independence of the judiciary.
On Sunday, ZANU-PF Politburo member, Jonathan Moyo led the attacks saying Justice Hungwe had issued an illegal night order which had shocking developments."Justice Hungwe unlawfully ordered Mtetwa's release without giving the police the all-too-important right to be heard on the reasons why they were holding Mtetwa on criminal charges. Justice Hungwe's order made under the dead of the night at his farm is the latest case of a night court dispensing night justice under the cover of the night," said Moyo.
But Harare lawyer, Chris Mhike on Tuesday said the keeping of files or records is not the responsibility of judges, but the court registry, adding that there was nothing amiss for a judge or magistrate to hear a case beyond the normal working hours, particularly in urgent applications.
"I don't know the exact circumstances of the case, but there is nothing amiss because justice should operate 24 hours a day, seven days a week because the police do not rest in arresting people and citizens never take leave in their pursuit for justice and situations requiring application of the law are not restricted by time limits," said Mhike.
Political analyst, Gideon Chitanga, said as elections beckon the country was likely to see more illegal detentions and abuse of human rights with judges being put under intense pressure to persecute dissenting voices.
Besides ordering searches on Mines and Mining Development Minister Obert Mpofu, Transport and Infrastructural Development Minister Nicholas Goche and Youth Development, Indigenisation and Economic Empowerment Minister Saviour Kasukuwere, the judge also ordered Mtetwa's release, decisions that have proved to be unpopular within certain ZANU-PF circles.
In another ruling that proved to be unpopular with ZANU-PF, Hungwe granted bail to Movement for Democratic Change (MDC-T) treasurer general Roy Bennett when he was facing charges of banditry and plotting an insurgency in the country.
The judge also granted bail to former ZANU-PF Mashonaland West chairperson Phillip Chiyangwa during the time when he fell out with elements within his party and was being charged under the Official Secrets Act.
In 2006, Hungwe slammed the police in a matter in which six MDC-T activists were being charged following the alleged discovery of an arms cache. The prosecution withdrew charges citing intimidation by law enforcement agents and refusal for lawyers to see the accused persons.
"This behaviour deserves the highest possible censure. It cannot be justified in a democratic society.One cannot simply condone such blatant refusal of access by the police. This type of conduct brings the administration of justice into disrepute," said Hungwe then.
Analysts said the focus among ZANU-PF headliners would be on judges deemed to be independent with the "compliant ones" escaping scrutiny despite their incompetence and alleged bias.
Source - Fingaz
