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Government interference in judicial system
Media Monitoring Project Zimbabwe (MMPZ)
Extracted from Weekly Media Update 2004-29
Monday July 19^th – Sunday July 25^th 2004

The recent disclosure of government interference in the delivery of justice in the country by former Administrative Court Judge President Justice Michael Majuru reinforced the perception that the authorities were meddling in the country’s judicial system to serve narrow political agendas. Justice Majuru, now in self-exile in South Africa, alleged that government tried to influence him to rule in favour of the government appointed Media and Information Commission (MIC) when he was presiding over its legal wrangle with the Associated Newspapers of Zimbabwe (ANZ), the then publishers of The Daily News.

ANZ had taken MIC to court over the commission’s decision to shut down the paper on the grounds that it was operating illegally.

Justice Majuru was quoted on SW Radio Africa (20/7) alleging that Enock Kamushinda, a businessman with strong links to the government, had offered him a farm if he upheld MIC’s decision to shut down The Daily News and its sister Sunday paper, The Daily News on Sunday. ZW News (22/7) also carried a Daily News Online story in which Justice Majuru further alleged that Justice Minister Patrick Chinamasa and members of the dreaded Central Intelligence Organisation (CIO) had also exerted immense pressure on him to rule in favour of government.

As if to buttress Justice Majuru’s claims, the Zimbabwe Independent (23/7) quoted former president of the Law Society of Zimbabwe Sternford Moyo pointing out that "intimidation and attacks on judicial officers and lawyers" was on the increase since the beginning of the year. Said Moyo: "Judges and magistrates who demonstrated judicial independence were threatened with investigation and disciplinary action for alleged misconduct. They were also subjected to intimidation and attacks for rulings perceived to be favourable to MDC supporters". To support this claim, the paper reminded its readers of the fact that eight judges, including former Chief Justice Anthony Gubbay, left the bench after being hounded by the authorities through a "campaign of intimidation".

MMPZ notes that such blatant interference in the judiciary by government grossly undermines basic democratic principles and erodes public confidence in the country’s judicial system. It is therefore vital that the authorities ensure the judiciary operates freely and without fear because its independence is at the core of the country’s democratic development. In fact, this latest development validates calls for the de-politicization of State institutions so as to enable them to professionally discharge their duties without undue hindrance.

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