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Response to comments by Minister Chinamasa as reported in The Herald on 4 July 2002
Trustees of the Legal Resources Foundation (LRF)
July 08, 2002

The Trustees of the Legal Resources Foundation share the deep concern articulated by civil society over the comments of the Minister of Justice, Patrick Chinamasa, reported in the Herald of Thursday 4 July 2002. The LRF is concerned that the Minister’s comments are in clear violation of the doctrine of separation of powers enshrined in our Constitution. Both as a Government Minister and as the accused in the contempt-of-court charge, it is grossly improper for the Minister to either approach the Chief Justice or in any other manner to initiate any probe into a judge’s conduct, as the Constitution is very clear with whom this responsibility lies.

In our judicial system, with which we expect the Minister to be well-versed, where a witness or an accused person, having been duly subpoenaed or summoned to appear in court, fails to do so, the judge is fully empowered to bring a contempt-of-court charge against such person. By his conduct, the Minister is clearly giving the impression that he is above the law and is not subject to the same rules and laws that govern everyone else.

The LRF can only conclude that the Minister’s threat is a further indication of the ongoing harassment and interference in the work and independence of the judiciary, which has seriously compromised the administration of justice in Zimbabwe for the past two years.

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