Opinion / Columnist
A Zimbabwe judge hung by the robe barely survives
19 Nov 2016 at 16:21hrs | Views
The Zimbabwe judiciary system has been sentenced to death by political interference, politicisation and corruption that has left Zimbabweans without an effective recourse to justice in particular when the governing party of ZANU PF is the offending party. Limited judiciary independence in Zimbabwe is the main problem for miscarriage of justice as it is heavily subject to political arm twisting by ZANU PF. The denigration of the judiciary by ZANU PF is more explicit when ZANU PF feels its position and power is being threatened either by electoral, constitutional or civic contestations.
The current challenge of the introduction of bond notes in the courts is a test case for the judiciary in the express and application of the law. Mugabe has already signed the bond notes off for circulation. It is interesting to see if the vulnerable presiding judges will declare the bond notes illegal against the expressed wishes of their president. If the verdict of the bond notes is that they are illegal, the decision is likely to go down in the Guinness book of records
The current public perception and speculation is that there is an existence of corruption within the Zimbabwe judiciary system and a belief that the Zimbabwe judiciary is corruptible. The structural organisation of the judiciary provides opportunities for political interferences by presidential influences and procedures. The president appoints judges and judicial leadership; terms and conditions of tenure for judges; conditions of work such promotions, renewal of contracts, salaries and benefits. The majority of the learned distinguished and honourable judges and administrative officials of the justice system are believed to be ZANU PF political appointees starting from the justice minister to attorney general, judges, magistrates, public prosecutors and down to the ministry of justice office workers. When Judges are appointed this way, the formal rule for appointing judges may not be enough for presiding judges to ignore the expressed wishes of their employer, the president who happens to be responsible for their promotion and demotion. Judges are inclined to feel vulnerable to threats of dismissal. They will make every attempt to rule cases in favour of ZANU PF to protect their jobs. The judges would then preside over cases merely to portray a smoke screen to create an image that justice is being served.
The public perception is that the judiciary is curiously biased towards ZANU PF more so in political contestations that are brought to their courts. The public has seen this in cases in involving members of opposition parties, political activists, peaceful demonstrators and now the bond notes. The judges appear to impose length pre-trial detentions (remands) so as to delay court actions. Cases against ZANU PF get thrown out even when there is clear evidence for prosecution. The courts have been observed spending all their energies and time on trumped up charges by ZANU PF against people that they, ZANU PF would have abused
Mugabe has come out routinely threating judges when he feels that they are make judgements against his party ZANU PF. Illegal political influence in Zimbabwe involves bribes, blackmail, threats and arrests of members of the judiciary when they are viewed by ZANU PF to have over stepped ZANU PF's political interests. Justice Benjamin Paradza was arrested under the instructions of Mugabe when he gave free bail to MDC mayor Mudzuri in Febuary 2013 accused for holding a meeting without police approval. The decision by Justice Paradza was viewed as abstracting the cause of justice and defying the authority of the president. He was eventually struck off from the bench. Recently Justice Mangota condemned the government for acting unconstitutional by locking up Linda Masarira at Chikurubi Maximum prison with male prisoners. Not sure what will become of this judge. This judge may not be promoted. Justice Judge Priscilla Chigumba suspended the police ban on demonstrations citing that is was unconstitutional to impose the ban. Justice Judge Chigumba was later accused of soliciting $20 000 bribe from a member of the public in a different court hearing. The action against Justice Judge Chigumba was taken following public threats by Mugabe castigating the courts for defying the ban imposed by the police on protests and as such Justice Judge Chigumba failed an interview for promotion. This serves to warn the judiciary that ruling against ZANU PF may carry negative career consequences such as loss of a job or the affected judge may get demoted.
The general public perception is that the promotion of judges and salary hikes is always planned to coincide with the period pending parliamentary and presidential elections so that most cases involving elections petition are presided by the newly appointed judges who may be obliged to give back something to Zanu Pf as a way of expressing a thank you.
The judges have been receiving bribes in public from Mugabe on television. In 2000 Mugabe rewarded the judges with farms during the invasion of white owned farms as a thank you for the work the judges did to frustrate the cases brought to the courts by the white farmers. After winning the disputed 2008 presidential elections Mugabe showered the then judges some of them are still on the bench with lavish gifts of plasma televisions, satellite dishes, and top of the range cars. That was clear bribery, miscarriage of justice and its application by the president exercising corruption in public. Who knows how much of bribes take place behind closed doors? It's anyone's guess. The actions of the president of the country were tantamount to erosion of the image and trust in the judiciary and its impartiality. The corrupt like actions of the president had the effect of harming the core functions of the judiciary to uphold the rights of citizens, securing the integrity of the political rules and sanctioning political representatives when they act in contravening the law. The public sentiments are that ZANU PF is a political party that puts itself above the law and they expect the law to be answerable to their party. This is a miscarriage of justice that impinges on the principles of democracy, rule of law and the independence of the judiciary.
An independent, impartial, transparent, properly functioning judiciary system that enjoys optimum autonomous separation of powers is important to address corruption; preside over cases brought to it in a fair and just manner without bias and favour. The conflict between the operation of the courts and the current political interference has the consequence of undermining the right to fair trials and equal justice to all. It is not fair for the judges to simply assert that a defended is guilty based on the judge's sub-conscience that responds to political interference. The consequences of unfairness and bias in the application of justice have a significant cost to social justice and safeguarding human rights and freedoms.
The current challenge of the introduction of bond notes in the courts is a test case for the judiciary in the express and application of the law. Mugabe has already signed the bond notes off for circulation. It is interesting to see if the vulnerable presiding judges will declare the bond notes illegal against the expressed wishes of their president. If the verdict of the bond notes is that they are illegal, the decision is likely to go down in the Guinness book of records
The current public perception and speculation is that there is an existence of corruption within the Zimbabwe judiciary system and a belief that the Zimbabwe judiciary is corruptible. The structural organisation of the judiciary provides opportunities for political interferences by presidential influences and procedures. The president appoints judges and judicial leadership; terms and conditions of tenure for judges; conditions of work such promotions, renewal of contracts, salaries and benefits. The majority of the learned distinguished and honourable judges and administrative officials of the justice system are believed to be ZANU PF political appointees starting from the justice minister to attorney general, judges, magistrates, public prosecutors and down to the ministry of justice office workers. When Judges are appointed this way, the formal rule for appointing judges may not be enough for presiding judges to ignore the expressed wishes of their employer, the president who happens to be responsible for their promotion and demotion. Judges are inclined to feel vulnerable to threats of dismissal. They will make every attempt to rule cases in favour of ZANU PF to protect their jobs. The judges would then preside over cases merely to portray a smoke screen to create an image that justice is being served.
The public perception is that the judiciary is curiously biased towards ZANU PF more so in political contestations that are brought to their courts. The public has seen this in cases in involving members of opposition parties, political activists, peaceful demonstrators and now the bond notes. The judges appear to impose length pre-trial detentions (remands) so as to delay court actions. Cases against ZANU PF get thrown out even when there is clear evidence for prosecution. The courts have been observed spending all their energies and time on trumped up charges by ZANU PF against people that they, ZANU PF would have abused
Mugabe has come out routinely threating judges when he feels that they are make judgements against his party ZANU PF. Illegal political influence in Zimbabwe involves bribes, blackmail, threats and arrests of members of the judiciary when they are viewed by ZANU PF to have over stepped ZANU PF's political interests. Justice Benjamin Paradza was arrested under the instructions of Mugabe when he gave free bail to MDC mayor Mudzuri in Febuary 2013 accused for holding a meeting without police approval. The decision by Justice Paradza was viewed as abstracting the cause of justice and defying the authority of the president. He was eventually struck off from the bench. Recently Justice Mangota condemned the government for acting unconstitutional by locking up Linda Masarira at Chikurubi Maximum prison with male prisoners. Not sure what will become of this judge. This judge may not be promoted. Justice Judge Priscilla Chigumba suspended the police ban on demonstrations citing that is was unconstitutional to impose the ban. Justice Judge Chigumba was later accused of soliciting $20 000 bribe from a member of the public in a different court hearing. The action against Justice Judge Chigumba was taken following public threats by Mugabe castigating the courts for defying the ban imposed by the police on protests and as such Justice Judge Chigumba failed an interview for promotion. This serves to warn the judiciary that ruling against ZANU PF may carry negative career consequences such as loss of a job or the affected judge may get demoted.
The general public perception is that the promotion of judges and salary hikes is always planned to coincide with the period pending parliamentary and presidential elections so that most cases involving elections petition are presided by the newly appointed judges who may be obliged to give back something to Zanu Pf as a way of expressing a thank you.
The judges have been receiving bribes in public from Mugabe on television. In 2000 Mugabe rewarded the judges with farms during the invasion of white owned farms as a thank you for the work the judges did to frustrate the cases brought to the courts by the white farmers. After winning the disputed 2008 presidential elections Mugabe showered the then judges some of them are still on the bench with lavish gifts of plasma televisions, satellite dishes, and top of the range cars. That was clear bribery, miscarriage of justice and its application by the president exercising corruption in public. Who knows how much of bribes take place behind closed doors? It's anyone's guess. The actions of the president of the country were tantamount to erosion of the image and trust in the judiciary and its impartiality. The corrupt like actions of the president had the effect of harming the core functions of the judiciary to uphold the rights of citizens, securing the integrity of the political rules and sanctioning political representatives when they act in contravening the law. The public sentiments are that ZANU PF is a political party that puts itself above the law and they expect the law to be answerable to their party. This is a miscarriage of justice that impinges on the principles of democracy, rule of law and the independence of the judiciary.
An independent, impartial, transparent, properly functioning judiciary system that enjoys optimum autonomous separation of powers is important to address corruption; preside over cases brought to it in a fair and just manner without bias and favour. The conflict between the operation of the courts and the current political interference has the consequence of undermining the right to fair trials and equal justice to all. It is not fair for the judges to simply assert that a defended is guilty based on the judge's sub-conscience that responds to political interference. The consequences of unfairness and bias in the application of justice have a significant cost to social justice and safeguarding human rights and freedoms.
Source - Themba Mthethwa
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