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The
judiciary severely undermined as Professor Nyagura of the UZ disregards
High Court order
Zimbabwe Lawyers for Human Rights (ZLHR)
July 16, 2007
Zimbabwe Lawyers
for Human Rights (ZLHR) expresses its grave concern at the blatant
disregard and contempt of a court order by the Vice Chancellor of
the University
of Zimbabwe, Professor Levy Nyagura. On 10th of July 2007 ZLHR
filed an urgent chamber application1 seeking that the University
of Zimbabwe be directed to readmit into halls of residence those
students it had unlawfully and forcefully evicted from the halls
of residence without notice on the 9th July 2007.
On 13 July 2007, honourable
Justice Hlathswayo of the High court granted an order directing
that the University of Zimbabwe must, starting on 16 July 2007,
admit the students it had wrongfully and unlawfully evicted back
into halls of residence, namely New Complex 2, 3, and 4, Swinton
and Car Saunders.
It must be noted that
the order granted by the High Court was given after the University
of Zimbabwe, through their lawyer and through the Registrar of the
University, consented to the order after the University itself had
identified the above mentioned halls of residence as immediately
available to readmission of the students.
So confident that he
could disregard an order of the court as he wishes with usual impunity
that Professor Nyagura who has suspended and dismissed more students
from the University of Zimbabwe than any other Vice Chancellor in
the entire history of the institution that he published a contemptuous
notice in the Sunday Mail2 blatantly disregarding and overruling
a High Court of Zimbabwe order. His notice of defiance and contempt
read as follows:
"On Friday
13th July, University of Zimbabwe legal representative and the
students' legal representative agreed to a consent order
allowing for the opening of specific habitable halls of residence.
However in light of renewed threats to life and property that
came to light after the order, the University of Zimbabwe is unable
to open any of the halls of residence."
ZLHR reaffirms that all
decisions of the courts, including the High court, are binding and
cannot be altered by any person or authority other than the judiciary
itself. Disregard of such of a binding court order constitutes contempt
of court punishable including waranting a prison sentence. The University
of Zimbabwe has undermined the authority of the judiciary and its
role as the protector of human rights so blatantly as to publish
its contempt of the court order. Section 79B of the Constitution
of Zimbabwe clearly spells out that the authority of the judiciary
shall not be subject to control or interference by any person or
authority such as the University of Zimbabwe and its Vice Chancellor.
Even President Mugabe once said "It cannot be denied that
the difficult task of interpreting constitutional guarantees of
fundamental rights and freedoms . . . and of determining whether
a statute or other state action breaches those rights is entrusted
in democratic countries . . . to an independent Judiciary. I am
proud to report in this respect that our judiciary has not failed
in its task"
ZLHR has been tracking
the phenomenon of defiance of court orders as a particular and peculiar
threat to the independence of the judiciary and as a threat to separation
of powers and the rule of law in Zimbabwe. Some of the cases that
Government or quasi-governmentali institutions have refused to comply
with or enforce court orders are Mark Chavunduka and Ray Choto
-v- Ministry of Defence (1999 case); Andrew Meldrum -v-
The Chief Immigration Officer and ors (May 2003); Associated Newspapers
Of Zimbabwe Vs Chief Superintendent Madzingo & The Commissioner
Of Police HC8191/2003; Dorothy Kumunda &7others -V- District
Administrator Chikomba District &Another- HC9481/03; Charles
De Kock -v- Mike Madiro and 4 ors HH 217/03, Cuthbert Chivhunze
&Others -V- John Chitozho&Others -Mutare Court
Case No.416/02; Commercial Farmers Union -V- Minister Of Lands
& Others 2000 (2) ZLR 469 (S); Bennet Brothers Farm Entrprises
Pvt Ltd -v-Vs Mupfururirwa &Others Mutare B.O393/03; Commissioner
Of Police -V- Commercial Farmers Union 2000(1)ZLR 503 (H);
Commecial Farmers Union -V- Mhuriro & Others 2000(1)Zlr
405 (S); Yorke and Another -v- Minister of Home Affairs HC
H264/82 HC H 247/82 Bennet Brothers -v- Mwale,Chogugudza,
and ors (numerous High Court and Magistrate Court cases), Natalie
Dube -v- Commissioner of Police, C/S Mabunda and ors (Mutare
Magistrates Court case), Morgan Tsvangirayi's Electoral challenge
in the High Court at Harare where Justice Devittee directed that
Joseph Mwale and another be prosecuted for allegedly torching to
death Talent Mabika and Tichaona Chiminya.
Sadly Professor Nyagura
seems determined to damage the nation's image on the rule
of law front by wanting to create an image that he operates above
the law and that the phenomenon of defiance of court orders is an
ongoing one especially for those close to the ruling political leadership.
ZLHR therefore calls
upon the University of Zimbabwe and its Vice Chancellor to respect
court orders and the role of the judiciary in separation of powers
and protecting human rights, including the rights of the university's
students. ZLHR further calls upon the High Court, to take prompt,
firm and decisive action against this deliberate defiance of its
order by the University of Zimbabwe and its Vice Chancellor, which
defiance not only undermines the authority of the judiciary but
contributes to the negative global perception that the rule of law
has collapsed in Zimbabwe with all its catastrophic consequences
on the socio-economic political well being of our country.
Visit the ZLHR
fact
sheet
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