BY DR MASIMBA MAVAZA
Zimbabwean authorities should conduct a thorough and impartial investigation into credible allegations of opposition political interference in the judiciary. Evidence indicates that high-level officials and senior lawyers who are aligned to MDC A have interfered in the resolution of cases that touched on government interests, as well as in the appointment and removal of judges.
A systematic harassment of the sitting judges has been ignited by the MDC A lawyers in a bid to prune the judiciary of judges they believe are aligned to the ruling party.
After a recent court hearing in a high-profile, politically charged case, judges in the Zimbabwean High Court received an onslaught of harassing, profane phone calls to their chambers. The angry calls from advocates unhappy with the views judges expressed during oral arguments has made judges to live in fear of the unknown.
Zim UK lawyer Masimba Mavaza
The threats also hit home.
One judge’s personal phone number and street address circulated on Twitter with a message encouraging people to protest in front of the judge’s home. A picture of the house was also posted online.
Criticism is part of the job; judges are used to it, and it doesn’t impact how they decide cases,” But, the concern is when the criticism “veers from being unhappy about a decision a judge makes to all of a sudden becoming, ‘You’re evil, biased or incompetent. This is more disgusting when it is said by a senior advocate.
Judges working to protect the independence of the Zimbabwean judiciary from any interference are being subjected to serious harassment online and at work, they end up spending more time responding to unnecessary investigations instituted by those willing to prune the judges and demoralise judges who are believed to be pro government. The MDC through their lawyers have conducted a witch hunt, working behind the scenes to intimidate and smear the judges and prosecutors who have courageously taken decisions which are not popular but lawful and legally correct. protested against the political.
In the past three years, attacks targeting judges and their rulings have proliferated on social media. Obviously leaked by the senior advocates.
“The concern is real,”as evidenced by the rapid increase in complaints lodged with the JSC and threats of actions directed toward the judiciary.”
The animosity directed at judges is particularly persistent in Cases where the MDC aligned lawyers have lost.The vast majority of the complaints according to another official who also spoke on the condition of anonymity to discuss the threats, were hostile. Many were laced with political based profanity toward the judge, who is believed to be ZANU PF.
Since the former deputy minister of information cde Mutodi said judge Chinamhora was a son of a ex freedom fighter the guns have now been turned against Webster Chinhamora.
Unfortunately, being a public figure means some details of your life that you might wish weren’t public are made public.
The opposition has also weaponized disciplinary proceedings, using them against judges who are perceived to be pro government and placing some of them at risk of losing their jobs.
The erosion of judicial independence has had real life consequences for judges who have taken a stand.
In the case of Judge Webster Chinhamora who has suffered several years of intimidation and harassment after it became known that his father was a nationalist frivolous investigations have been instituted. JSC has no choice but to investigate. This brings anxiety and stress on the learned judge. Paying a price for being a judge is despicable depressing and flabbergasting.
The behaviour of political activists in gowns had subjected Judge Chinamhora to unwarranted disciplinary proceedings, and even targeted his family members for other types of investigations. He has endured hate mail, abusive and threatening text messages and a smear campaign on social media.
Online harassment of judges has taken a particular toll, with anonymous Twitter accounts launching personal attacks on key individuals.
One such account has routinely published tweets attacking judges, often those who give judgements against the opposition. Not because its the opposition but because they will be dragging a dead case. The opposition only wants judgements out against the government.
The complaint by Advocate Thabani Mpofu documents how since 2018 the opposition has adopted and implemented a plan to smear judges who have refused to be bought. Thanani Moofu being a lawyer has openly criticised ZANU PF and is openly fighting to remove ZANU PF from power.
In preparation of 2023 elections there is a systematic plan to fracture the justice system. To that end judge presumed to be pro government are under serious attack. The attacks are meant to undermined the independence of the judiciary. These include politicizing judicial appointments,
The business times of 10 November 2021 ran a headline which said Judge in Hot soup.
The paper went on to scandalise justice Chinamora. This was in connection with case of BLAKEY PLASTICS (PTY) LTD AND DELTA ZIMBABWE (PRIVATE) LIMITED. This a case were advocate Mpofu was representing Delta Zimbabwe.Thabani lost the case and as his custom he appealed. Noticing that he will lose the appeal as-well he then turned his attention on the judge.
The cause of his complaint was that personal documents of the judge were found in the file of the opposing counsel. The documents were a copy of the divorce letter and terms of employment of the judge. Thabani then made a mountain out of this. He made it appear like the judge had the file of the opposing counsel before the trial.
It is madness to spring to action in such circumstances. Thabani made a complaint with the specific aim of smearing the judge with the hope of having him removed from the bench.
How does this help Thanani Mpofu. It does he is on a mission to have judges either removed or suspended so that should they take their election case to court only judges aligned them will take the case and dribble the law.
The MDC IS on a serious vicious campaign and are making sure they cause confusion. MDC strive in confusion. The two things these people have is energy and confusion and this combination is dangerous.
As we speak Judge Chinamora had to take time to defend himself against such malicious unsubstantiated accusations. Judges should be able to uphold the law without political interference. The JSC must immediately drop any ongoing disciplinary proceedings against judges and prosecutors for their legitimate rulings.
They must see between the lines and cease from using disciplinary measures to exert control over the judiciary in the future,
“The rule of law and protection of human rights are the founding principles of the Zimbabwean Constitution. Zimbabwe must Other EU member states must continue expose the MDC to halt its blatant breach of these principles and hold the OPPOSITION accountable if able to continue to do so.
Lawyers are allowed to complain the complaint must be reasonable One can complain about the way a judge, or justice of the peace has behaved inside or outside court.
The plot to disrupt our justice system in underway if not stopped our judiciary will be taken as private property.
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