News / National
UPDATE: Justice Bhunu orders arrest of Tsvangirai lawyers
21 Aug 2013 at 03:14hrs | Views
THE Electoral Court has ruled that lawyers who represented MDC-T leader Mr Morgan Tsvangirai in his case requesting for election material were in contempt of court for making scathing attacks on the Judiciary and urged the prosecuting authority to take appropriate action in terms of the law.
The court also blasted Mr Tsvangirai, describing his conduct as that of a confused and unstable man not fit for the highest office in the land.
"It is ironic that having made those scathing disparaging remarks of and concerning the entire Judiciary of this country, the applicant and his lawyers are now seeking justice before the same Judiciary in which they have no confidence," Justice Chinembiri Bhunu said.
"His (Mr Tsvangirai's) conduct in this regard is symptomatic of an unbalanced convoluted mindset unbefitting a man of his stature and station," he said.
The judge blamed the lawyers more.
"While the applicant's (Mr Tsvangirai's) reprehensible conduct in this respect may be attributable to ignorance of the law, the same cannot be said of his lawyers.
"As officers of the court, they filed and sought to rely on the appalling document from which they now seek to resile with the full knowledge that their conduct was patently unethical," he said.
Justice Bhunu said the lawyers should share the collective responsibility of the contemptuous conduct with their client and that they have no basis to dissociate themselves from their client's averments.
Throwing out the two applications by Mr Tsvangirai in which he sought the release of some election material used in the July 31 election, Justice Bhunu said the lawyers insisted on bringing up the case well knowing that a "dossier" containing information scandalising the court had also been filed at court.
"In the final analysis, I come to the conclusion that there is no merit in both applications. Because of the applicant's gross conduct in soiling the dignity and integrity of this court, the court can only express its displeasure by an award of costs at a higher scale.
"It is accordingly ordered that both applications are hereby dismissed with costs at the legal practitioner and client scale.
"The registrar be and is hereby directed to serve a copy of this judgment on the Attorney-General or the prosecuting authority for the appropriate action according to law," he said.
Advocate Lewis Uriri was instructed by Mr Alec Muchadehama while Dr Tarisai Mutangi represented Mr Tsvangirai in the case.
Adv Farai Mutamangira and Mr Gerald Mlotshwa appeared for the AG while Adv Fred Gijima represented President Mugabe.
Mr Tawanda Kanengoni and Mr Charles Nyika acted for the Zimbabwe Electoral Commission.
Justice Bhunu expressed displeasure over the conduct of Mr Tsvangirai and his lawyers considering that they were even warned, but turned a deaf ear.
"I cannot, however, conclude my judgment without expressing my displeasure at the unwarranted attack on the integrity and dignity of this court and the entire judiciary of this country perpetrated by the applicant and his lawyers by association.
"Their conduct betrays a determined frame of mind to abuse and hold this court in contempt with scant regard to its integrity.
"Previous warnings appear to have fallen on deaf ears. That type of conduct cannot be tolerated by these courts. Time has now come to rein in errant legal practitioners bent on bringing this court's integrity into disrepute," he said.
The most relevant part of the dossier, according to the court, is found on page 8 and it reads:
"Judiciary is not independent from the executive, and politically, from Zanu-PF. Since 2010, the President has appointed or elevated 23 judges to the High Court, Supreme Court and the Constitutional Court without consulting Prime Minister Morgan Tsvangirai, contrary to the requirements of the GPA and the Constitution.
"Consequently, the opposition does not view the judiciary as independent of Zanu-PF."
The document also accuses the courts of contributing to the delay in the announcement of the election date.
"Although Sadc recommended an extension of time for the election date, this was strongly resisted by Zanu-PF with the concurrence of the courts."
The dossier alleged widespread rigging implicating various individuals, organisations, traditional leadership and members of the national army as the culprits.
The court also blasted Mr Tsvangirai, describing his conduct as that of a confused and unstable man not fit for the highest office in the land.
"It is ironic that having made those scathing disparaging remarks of and concerning the entire Judiciary of this country, the applicant and his lawyers are now seeking justice before the same Judiciary in which they have no confidence," Justice Chinembiri Bhunu said.
"His (Mr Tsvangirai's) conduct in this regard is symptomatic of an unbalanced convoluted mindset unbefitting a man of his stature and station," he said.
The judge blamed the lawyers more.
"While the applicant's (Mr Tsvangirai's) reprehensible conduct in this respect may be attributable to ignorance of the law, the same cannot be said of his lawyers.
"As officers of the court, they filed and sought to rely on the appalling document from which they now seek to resile with the full knowledge that their conduct was patently unethical," he said.
Justice Bhunu said the lawyers should share the collective responsibility of the contemptuous conduct with their client and that they have no basis to dissociate themselves from their client's averments.
Throwing out the two applications by Mr Tsvangirai in which he sought the release of some election material used in the July 31 election, Justice Bhunu said the lawyers insisted on bringing up the case well knowing that a "dossier" containing information scandalising the court had also been filed at court.
"In the final analysis, I come to the conclusion that there is no merit in both applications. Because of the applicant's gross conduct in soiling the dignity and integrity of this court, the court can only express its displeasure by an award of costs at a higher scale.
"It is accordingly ordered that both applications are hereby dismissed with costs at the legal practitioner and client scale.
"The registrar be and is hereby directed to serve a copy of this judgment on the Attorney-General or the prosecuting authority for the appropriate action according to law," he said.
Advocate Lewis Uriri was instructed by Mr Alec Muchadehama while Dr Tarisai Mutangi represented Mr Tsvangirai in the case.
Adv Farai Mutamangira and Mr Gerald Mlotshwa appeared for the AG while Adv Fred Gijima represented President Mugabe.
Mr Tawanda Kanengoni and Mr Charles Nyika acted for the Zimbabwe Electoral Commission.
Justice Bhunu expressed displeasure over the conduct of Mr Tsvangirai and his lawyers considering that they were even warned, but turned a deaf ear.
"I cannot, however, conclude my judgment without expressing my displeasure at the unwarranted attack on the integrity and dignity of this court and the entire judiciary of this country perpetrated by the applicant and his lawyers by association.
"Their conduct betrays a determined frame of mind to abuse and hold this court in contempt with scant regard to its integrity.
"Previous warnings appear to have fallen on deaf ears. That type of conduct cannot be tolerated by these courts. Time has now come to rein in errant legal practitioners bent on bringing this court's integrity into disrepute," he said.
The most relevant part of the dossier, according to the court, is found on page 8 and it reads:
"Judiciary is not independent from the executive, and politically, from Zanu-PF. Since 2010, the President has appointed or elevated 23 judges to the High Court, Supreme Court and the Constitutional Court without consulting Prime Minister Morgan Tsvangirai, contrary to the requirements of the GPA and the Constitution.
"Consequently, the opposition does not view the judiciary as independent of Zanu-PF."
The document also accuses the courts of contributing to the delay in the announcement of the election date.
"Although Sadc recommended an extension of time for the election date, this was strongly resisted by Zanu-PF with the concurrence of the courts."
The dossier alleged widespread rigging implicating various individuals, organisations, traditional leadership and members of the national army as the culprits.
Source - Zimpapers
