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Statement in defence of freedom of expression
Zimbabwe Lawyers for Human Rights (ZLHR)
April 24, 2002

We, the undersigned members of Zimbabwe Lawyers for Human Rights, and other concerned Zimbabwean lawyers, are extremely concerned at the continued intolerance of Professor Jonathon Moyo, the Minister of State for Information and Publicity, towards the basic and fundamental human right: the freedom of expression.

The Minister’s recent attack [Herald 18 April 2002, p 4] on the integrity of Sternford Moyo, President of the Law Society of Zimbabwe, and on the members of the Law Society was inexcusable and unjustifiable. As President of the Law Society, Sternford Moyo’s responsibility is, inter alia, "to represent the views of the legal profession and to maintain its integrity and stature".

The Minister’s vitriolic and inflammatory comments included such derogatory epithets as "the ever-partisan … Sternford Moyo", "such bad lawyers like Sternford Moyo" as well as defamatory comments against the former Chief Justice and other judges such as "The import of the LSZ position is that the bench should be ‘packed with anti-Government’ judges who are presumably white and steeped in Rhodesian jurisprudence like the departed Anthony Gubbay and his fellow traveling racist judges who laboured in vain to hijack the court for partisan interests on behalf of the British and unrepentant white commercial farmers in the MDC".

The views and expressions of opinion by the President of the Law Society below are protected by section 20 of the Constitution of Zimbabwe. Access to an impartial and competent Judiciary is a fundamental human right enshrined in section 18(9) of the Constitution. In addition, the Law Society has an obligation to the legal profession and society at large to raise issues of concern, which affect the administration of justice in Zimbabwe.

The Minister of Information’s vitriolic and intemperate remarks reflect, strangely, an unwillingness to acknowledge the Law Society’s expertise in legal matters and in the promotion of the rule of law. It is unacceptable for a minister in government to attack the person of the President of the Law Society for statements made in his official capacity. Implicit in such attacks is an attempt to silence the Law Society in its duty to the administration of justice.

We believe that to foster a culture of human rights in Zimbabwe it is imperative for the Government to be open to criticism and advice from all members of society. We deplore any and all attempts to compromise the integrity and independence of the Judiciary. In this regard we fully support the statement by the President of the Law Society and reaffirm his right to express the views of the Society.

We endorse the comments made by Sternford Moyo that:

• "The current flexibility [of the Constitution] … has led to fears that the Executive may use it to appoint as many judges as possible who are sympathetic to its policies, thereby endangering judicial independence"
• "Judges should be appointed by the President subject to the Judicial Service Commission (JSC)’s approval as opposed to the current situation, where judges are appointed by the President only in consultation with the JSC."
• "The allegation that all white judges do not protect the rights of ordinary Zimbabweans is unfair, defamatory and contemptuous".
• "We have observed a significant departure from the culture of upholding the Bill of Rights in the Supreme Court"
• "We have seen a number of judgments which have caused us some anxiety …".

Further, we support the right of any person to freedom of speech and condemn the current environment whereby those who assert this right are invariably threatened with the prospect of legislation, or worse, in order to curtail the basic rights and freedoms which should be accorded all persons in a democratic society.

Visit the ZLHR fact sheet

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