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Misanet.com / Zimbabwe Independent, 15 March - The acting Zimbabwe Chief Justice Godfrey Chidyausiku, who is seen as an ally of government, will be fighting a lone battle in the Supreme Court where judicial decisions are based on consensus. Legal experts said that Chidyausiku faces problems with his colleagues following the failure by Justice minister Patrick Chinamasa to purge the judiciary. Following a meeting held on March 2 between Chief Justice Anthony Gubbay and Chinamasa, the government made an undertaking that no steps would be taken to unlawfully cause the suspension, removal or resignation of any of the remaining judges. Chinamasa affirmed on behalf of the government that action by any party to undermine or interfere with the independence of the judiciary was contrary to the interests of the people of Zimbabwe. Chidyausiku is understood to have told Chinamasa before the impasse that he was only prepared to assume the position of Chief Justice after the Supreme Court had been purged of its remaining members. The judges included Justice Nicholas McNally, Ahmed Ebrahim, Wilson Sandura and Simbarashe Muchechetere who all appear to have resisted Chinamasa’s unconstitutional drive to have them removed from the bench. Chinamasa on Wednesday told the Zimbabwe Independent that he was not concerned about whether there was going to be any problem with Chidyausiku. His job was to appoint people to their respective positions and, he said, he had done just that. "If any problems are going to occur, they can be brought to the minister’s attention," Chinamasa said. Chidyausiku took the oath of loyalty on Tuesday before President Mugabe at State House. About eight judges absented themselves. During a brief meeting with the Supreme Court judges over tea after Chidyausiku was sworn in, President Mugabe is understood to have appealed to them to "cooperate" with their new colleague and assured them that the government would respect the independence of the judiciary. Sources said that Mugabe fully appreciated the difficulties facing Chidyausiku and was adopting a softly-softly approach towards the judges after a period of vicious verbal assaults by himself and his ministers. Several judges including Chief Justice Anthony Gubbay and High Court judges Michael Gillepsie, George Smith, Fergus Blackie, Mohammed Ali Adam, Ben Hlatshwayo and Rita Makarau did not attend the swearing in ceremony. There was widespread speculation that the purge of the judiciary had polarised relations amongst the judges themselves, with Chidyausiku failing to win the sympathy of some of his black colleagues who declined to take up Supreme Court appointments. - No judge expressed willingness to take up the offer, a senior lawyer said this week. "Three black judges that were approached by Chinamasa made it clear that they would not want to be associated with the politics surro-unding the appointments," he said. Legal experts said that Chidyausiku’s elevation had limited his scope and powers that he enjoyed as Judge President of the High Court. In the High Court, Chidyausiku allocated cases to different judges as he pleased and sat alone in judgements, a privilege he won’t enjoy as Chief Justice. The Supreme Court hears a constitutional challenge as a full bench and up to three judges hear a civil case. Meanwhile, a seven-member delegation from the International Bar Association is in the country to hold negotiations with various stakeholders in the dispute involving the government and the judiciary. Chinamasa said that he was meeting them today. "Whilst they are here they are going to meet the judges, the Law Society and other people in the legal sector," Chinamasa said.
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