Political Interest and Prejudice….Remove that, and there’s case a No Case Against Justice Hungwe.

Our Justice system may have gone to the dogs. This became a very distinct reality when in 2001, our Chief Justice then, Anthony Gubbay was forced into early retirement, to be replaced by what some argued, was a more politically pliable one, in the form our current Chief Justice Godfrey Chidyausiku.

Over the course of the last decade, the lack of independence and impartiality of the Judiciary, has been a major part of the democratic deficits that have been flagged in Zimbabwe. The argument has been made that the Judiciary in Zimbabwe since then ceased to be impartial, and became a willing political tool, with the purging of the bench between 2000 and 2002.

 The purge was followed by the promotion and insertion of at least 5 new judges thought to be politically pliable to the executive, and this thinking is further fortified by the “ illegal” and unilateral appointment of several High Court judges in December 2012. The appointments are argued to have been “illegal” and “ unilateral” in that the appointments were made without the Prime Minister being consulted, and without giving his consent, as is required by law, and as assented to by the governing authorities under the Global Political Agreement (GPA) of 15 September 2008.

These developments, amongst other matters, have led, especially on matters of rights and politics, to an almost total mistrust of the judicial system, and a lack of faith in the ability of the courts to be fair and just in the conduct of their business.

As we head towards a critical election, and given the polarized nature of our polity, it is not completely unforeseeable that the result of the next election maybe decided by the courts. In light of this, one cannot be faulted for thinking that the persecution, and vilification of Justice Hungwe, maybe be meant as an example, calculated to ensure that if that becomes a reality, the High Court and Supreme Court are manned by benches which are either malleable and can do the bidding of ZANU Pf. It seems also clear, that if malleability is not achieved, at the very least there will be  sufficient fear planted in them through being shown that, if you do not tow the correct political line, you will be forced off the bench.

The targeting of Justice Hungwe ensures that the already low justice bank, reaches new depths of bankruptcy. In my opinion, in the case of the sustained attacks on Justice Hungwe, there is nothing but prejudice and political interest, and that if these are removed, there will be nothing left.

A cursory search of judgments passed by Justice Hungwe on cases in which the state has had a political or economic interest, and his submissions and opinions on Independence of the Country (He is an ex-Combatant), independence of the War veterans Association (of which he was first President) and Independence of the Judiciary, will show that these sentiments have not been met with approval by those who believe that all these should be malleable tools in the hands of ZANU PF.

It is perhaps this more than anything else that may be suggested, that Justice Hungwe has found himself in the cross hairs of the partisan public media which has  turned him into ZANU PF’s enemy No. 1.

Judge Charles Hungwe - Argued to be one of the most independent judges on the bench. He is now being prepped for a Judicial "lynching".

As a born free, one wonders how this model citizen, who fought in our struggle for independence and freedom, had a career sterling enough as a lawyer to be appointed a judge, feels as he is sanctioned by some of his peers who were on the opposite side of the liberation struggle. It is common cause that some on the bench served as Members of Parliament and Ministers in Colonial Rhodesia, and Muzorewa’s short lived Zimbabwe-Rhodesia government.

But everyone has a past, and without seeking to malign the Judiciary, , it is not beyond imagining, that it is possible that, because of the huge debt of gratitude that suh people owe to ZANU PF, they may be over paying the debt through perpetuating a hostage crisis, in which political interests hold the judiciary hostage.

THe Hurried swearing In

After all, it was the current Chief Justice who chaired the Constitutional Commission from 2000, which had its draft constitution rejected after the Chief Justice, then Chairman, allowed the President to make 238 Executive Edits to the draft constitution. It is the same Chief justice, who from his current station, hurriedly swore in President Mugabe after the June 29 2008 electoral non-event, which everyone agreed could not qualify as a credible election, forcing the same President to get into a GNU with the two MDCs.

Judge President Chiweshe - Former ZEC Chairperson

We hear that Justice Hungwe was summoned before the Chief Justice and Judge President, which is as it should be under the circumstances. But it seems there is a Judicial Dynasty, that consists of a triumvirate of the The Chief justice, the Judge President and the Chairperson of ZEC, meant to deal with the electoral question. Zimbabweans would remember, especially as we head for an Election, that the Judge President George Chiweshe , is former chairperson of ZEC who for over a month, withheld the Presidential Election results of March 2008. The Judge President then was the ZEC Chairperson now, Justice Rita Makarau. The ZEC Chair in 2008, in a fantastic display of improved capacity delivered Presidential Results within 48 hours after the June 29 Run Off, leading to the stated hurried Swearing In of the President by Chief Justice Chidyausiku. Everyone has a past, and sometimes the past is best forgotten, but current form, where the Judiciary is concerned forces one to think back, to see if there is no pattern emerging.

Even Professor Jonathan Moyo, cannot fault the theory that, if as evidence shows, the Hegemony in the Judiciary holds itself in service to a Political party and Leader, that they would then try to exterminate those who don’t serve their interests, even with the help of the Professor.

Rita Makarau - Chairperson of ZEC and former Judge President - Is she part of a Judicial dynasty meant to preserve power for President Mugabe, or is she an Impartial abiter on Elections worthy of our trust?

Given the foregoing, it is very clear to me, that a lynch mob is being assembled and egged on by the State controlled media, for Justice Hungwe. The reasons for the lynching have more to do with Politics than Jurisprudence. The Political lynching of Justice Hungwe proves, what has always been argued, that the Judiciary is held captive by Political interests, and is far from independent, when looked at collectively. Given the damage that has already been done, this “judicial assassination” of Justice Hungwe, is only going to further lessen peoples’ faith and trust in the Justice delivery system.

In the Final analysis, every right thinking Zimbabwean agrees with the Law Society’s sentiments on the matter, that the Judiciary and Judicial actions are not beyond scrutiny, but that such scrutiny should be “ measured, tempered and based on fact and Law ”.  This however is not the case in the case of Justice Hungwe. There is nothing but prejudice and political interest in this case, if the prejudice and political interest are removed, you are left with nothing.

Justice Hungwe, through doing his job properly, impartially and independently, has earned the ire of powerful enemies and players. He however can rest assured that, most Zimbabweans understand that the attacks on him are a perfidy, that his cause is just, and supported by the people. Who by any measure are more important and powerful than any number of Ministers of Government put together, especially with election season beckoning.

The fight for judicial independence is not Hungwe’s alone, it is ours, and as we head for elections, this backlash against the impartiality and professionalism by Justice  Hungwe, will face the backlash to the backlash, this time from millions of Zimbabweans  .