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Defiance of High Court order in Chiyangwa's case undermines the rule of law
Zimbawe Lawyers for Human Rights (ZLHR)
January 12, 2004

Zimbabwe Lawyers For Human Rights (ZLHR) encourages the state to resolutely fight corruption in a genuine manner but is concerned that seemingly fighting corruption and economic crime outside the observance of human rights, the rule of law and in contempt of court orders, will entrench rather than contain corruption.

On Saturday 10 January 2004 the Hon. Phillip Chiyangwa was arrested amid allegations of defeating and obstructing the course of justice in the investigations linked to the ENG case. Hon Chiyangwa was then detained at the Harare Central Police Station. An application was made to the High Court for his release from police detention and this application was duly granted by Justice Bhunu and this effectively meant that the Hon. Chiyangwa was to be released and was to be summoned to appear in court. In an utter show of impunity and gross disregard for the rule of law the police contemptuously ignored the order and detained Mr Chiyangwa overnight in the police cells. The conduct of the police to frame fresh charges on the same matter seems to be meant to render the High Court order for the release of Mr. Chiyangwa of academic importance and shows how police are determined to undermine the judiciary. While Mr. Chiyangwa's conduct in court was apparently contemptuous of the judicial proceedings and therefore not acceptable, the magistrate ought to have used his powers to hold him in contempt of court rather than for the police to use this as an excuse to defy a High Court order. Mr. Chiyangwa remains in police custody to date.

ZLHR condemns in the strongest possible terms the apparent gross disregard of the rule of law displayed by an executive organ of the state in defiance of the High Court order. Such a trend clearly compromises the independence, effectiveness and integrity of the Courts and the justice delivery system as a whole. The police have not only of late harassed and intimidated the judiciary but are now flagrantly disregarding the courts and effectively compromising the justice delivery system.

Again it is ZLHR's hope that this is the opportune time for the Minister of Justice Legal and Parliamentary Affairs Patrick Chinamasa to speak out at this affront to the dignity and integrity of the courts and also reinforce his support for the judiciary and the rule of law.

It is imperative that the judiciary's role is not to be undermined by any organ of State and that the judiciary is left to perform its function unimpeded.

ZLHR therefore demands that

• The Minister of Justice, Legal and Parliamentary Affairs clearly states his position on this display of impunity by the police in disregarding a valid High Court order.
• The integrity and effectiveness of the judiciary be upheld and guaranteed.

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