The year 2001 was a watershed year for the Zimbabwean government to arm-twist the judiciary. What began as a smoldering ember of war veterans disrupting court proceedings on land distribution became a raging fire of the executive branch attacking the judiciary for failing to collaborate more closely on government land-acquisition programs.
The judiciary had become one of the strongest checks on, or bastions of opposition to, Robert Mugabe's government. During 2001's political upheavals, judges frequently ruled against Mugabe, earning themselves judiciary sneers.
The storm cloud hanging over Zimbabwe's judiciary independence got darker when Zimbabwe's most senior judge, Chief Justice Anthony Gubbay was forced to resign in March 2001 by justice minister Patrick Chinamasa and a pseudo war veteran Joseph Chinotimba. As the brawl heated up between the judiciary and the executive, four judges were forced to resign and several new appointments sympathetic to Mugabe's Zanu P.F. party were made.
Since the invasion of the white-owned farms began in March 2000, courts have consistently upheld the rights of white farm owners and ordered the police to evict the squatters. The police never obeyed the court orders. In a bid to win support among the electorate, Mugabe has vigorously exploited the terrain of race relations - pitting black Zimbabweans against white Zimbabweans.
The judiciary was thrust and ensnarled in national, confusing and touchy political situations. Mugabe is determined to revive the bygone model of a nationalist leader of the 1960s, when African nationalism blossomed, to his political advantage.
In the havoc of the moment, Zimbabweans have seen the number of supreme court judges and high court judges loyal to Mugabe creeping up since March 2001. Mugabe regards the white and black judges on the bench now as insufficiently patriotic. He feels they did not fight the war of liberation and therefore are spineless to fight for his political interests.
High court judges have invalidated the election of several ZANU P.F members of parliament because of political violence before the June 2000 parliamentary elections. Mugabe had originally attempted to ban those electoral challenges, but the supreme court stood its ground by ruling that the ban was unconstitutional. The judges have ordered that fresh elections be held, but the corridors of power have ignored that.
While the concern of the judiciary is outspoken overseas, the chagrin is gathering momentum at a constant treadmill speed in Zimbabwe. The most popular opposition party, Movement for Democratic Change, has accused the government of forcing supreme court and high court judges to resign in order to create a puppet and partisan judiciary.
According to the Mail and Guardian newspaper, Mugabe said in the 1980s, "Government cannot allow the technicalities of the law to fetter its hands." This means the government can change the composition of the supreme court willy-nilly and have a free hand to pursue its program of land reform and possibly pass favorable laws in the run up to presidential elections in March 2002.
In terms of Zimbabwe's constitution, judges are appointed by the president, but can only be fired by a special tribunal if they are found guilty of misconduct. Mugabe has governed with a hammer in his hand, pounding on every public servant's consciousness his Marxist views. The peace-loving Zimbabweans are tired of his law abrogation and vesuvian temper.
Mugabe should step back and see what his fellow Zimbabweans are seeing - the judiciary - a tragedy of gigantic proportions. One thing about which Mugabe should be reminded is that the curse of authoritarianism breeds ignorance and suppresses thought.
Zimbabweans embrace political leadership that transcends party politics and respects the rule of law.
Write to Tafadzwa at wmudambanuki@bsu.edu
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