|
afrol.com, 2 March - Zimbabwe's Chief Justice, Sir Anthony Gubbay, today agreed to a compromise with the government, trying to dismiss him from his post. Gubbay agreed to take his immediate pre-retirement leave but remain as chief justice until the end of June. The government promised not to unlawfully remove any other judge. Gubbay was given until midnight on Wednesday to leave his office, and the government threatend to remove him forcefully in what has become a dramatic "war" for the independence of the country's judiciary. The judge yesterday defied government orders, and turned up in his office. Today, he cut a deal with the government for his early retirement, after having been put under substantial pressure from violent "war veterans". According to the deal, Gubbay will not preside over any trials during his 4 months leave, but he may occupy his chambers and his official residence. In return for his departure, the government acknowledged "the importance of the independence of the judiciary," according to a government release. Gubbay cut the deal after militant member of the government party ZANU-PF had visisted his office and repeated earlier threats to his personal security (which the government had stated it could not guarantee for). ZANU militant Joseph Chinotimba today in Harare told the press the police had let him enter Gubbay's office "because I am big". He had told Gubbay "to vacate the office today. If he wants to appeal he can appeal while he is at home." The meeting reportedly lasted over an hour. The chairman of the Bar Council of Zimbabwe, advocate Adrian de Bourbon, told French news agency AFP that the compromise deal had ended the crisis between the government and the judiciary. "The chief justice, I think, is relieved. This crisis is over," De Bourbon told AFP. Sir Anthony Gubbay has been accused of aligning with the white farmers and standing in the way of the Zimbabwean "land reform". Many of the country's top judges, such as Gubbay, are white. Protests to the government's attack on the free judiciary are however widespread, both inside Zimbabwe and from the outside world. The UN Special Rapporteur Dato' Param Cumaraswamy on Tuesday repeated his alert on the independence of the Zimbabwean judiciary, saying the government's eviction was "an unacceptable threat" to the judiciary. Judges, including the Chief Justice, are not employees of the Government or any other authority, the UN representative said, stressing that their offices were constitutional appointments and that they were not subject to the direction or control of any person or authority. "I once again appeal to the Government to honour and comply with its obligations undertaken under international and regional instruments and moreover under the Constitution of Zimbabwe," Mr. Cumaraswamy said. Also professors of the Faculty of Law at the University of Zimbabwe have repeatedly confirmed their support to Gubbay and the other judges evicted from the government. They claim the judges could not have done another thing than moving against the illegal farm occupations supported by the government. One professor told the local Daily News "there is nothing in any of the rulings by the High Court and the Supreme Court relating to land that shows that the courts are opposed to land reforms." All critics point towards the unconstitutional move by the government. Following the Zimbabwean Constitution, judges can only be forced to step down after a special tribunal has found them guilty of mental incapacity, misconduct or gross abuse of office. The President or the government is in no position to fire judges, only to appoint them. The powerful Minister of Information and Publicity, Jonathan Moyo, assessed yesterday's settlement as "an amicable, civilized, constitutional and dignified agreement." Moyo is seen as President Mugabe's "right hand" and probable successor. Although the crisis around Gubbay now seems to be over, the incident has meant a substantial blow to the independence of the Zimbabwean judiciary.
|
