Halt The Intimidation Of Judges In Zimbabwe – International Jurists To Mugabe
By Christina Stucky -
A top delegation of international jurists has met President Robert Mugabe in Harare, seeking assurances that he would halt the intimidation of judges in Zimbabwe.
Robert Mugabe
Robert Mugabe
In a three-and-a-half-hour meeting with Mugabe on Friday, the jurists expressed concerns raised by Zimbabwean lawyers and members of the judiciary regarding the perceived breakdown of the rule of law and the erosion of the judiciary’s independence in Zimbabwe.
The high-level delegation of the International Bar Association (IBA) is in Zimbabwe to get a first-hand account of moves against the judiciary by Mugabe’s government, which have caused a worldwide uproar.
The meeting with Mugabe was seen by the IBA delegation as a positive indication of the Zimbabwean leader’s willingness to accept the judiciary’s independence.
A European Union diplomat said it was encouraging that Mugabe had received the delegation.
The meeting lent support to those in the EU urging engagement with the Zimbabwean leader rather than following Britain’s isolationist approach and the United States call for sanctions against the Mugabe government.
South African lawyer George Bizos, Nelson Mandela’s personal lawyer from the Rivonia trial days, and Ashwin Trikamjee, another South African lawyer, were part of the delegation.
The group is to draw up a first-hand account of what has been described as the “crisis in the judiciary”, which culminated in the government’s recent attempts to force certain supreme court judges into early retirement.
Mark Ellis, the IBA’s executive director, said the allegations of attacks on the independence of the country’s judiciary were “serious enough to demand serious attention”.
The delegation encouraged Mugabe to make statements that would reinforce the importance of the rule of law and the independence of the judiciary, regarding this as “vital to re-establish the confidence in the independent judiciary”, Ellis said.
He said Mugabe “spent considerable time presenting the historical case of some of the injustices committed against the people of Zimbabwe” and “spoke passionately” about the right to land as the cornerstone of the struggle for independence.
“Mugabe said Zimbabwe is still a young country going through a transition. Some errors were made but there was no doubt about the government’s commitment to assuring that there is an independent judiciary and that the law is respected,” Ellis said.
The government was “quite adamant” that the land issue should be regarded as a political matter and should therefore not be in the domain of the judiciary.
The delegation told Mugabe that it accepted the need for social justice, which included land reform, but that this aim needed to be accomplished without undermining the judiciary.
“The relationship between the executive and the judiciary is exceedingly important for enforcing that concept of social justice,” the delegates told Mugabe.
Mugabe gave assurances that the concept of an independent judiciary would be supported “and supported publicly”.
“Time will tell whether this will occur and we will watch this carefully,” Ellis said.
The seven-member delegation also met with Zimbabwean lawyers and judges, as well as with the justice minister Patrick Chinamasa.
Ellis described the talks with government officials as “frank and open” but said the delegation’s report would not “mince words”.
Describing the meeting with Chinamasa, he said that the delegates had conveyed to him “the significant concerns expressed by lawyers and judges here”.
While emphasising the importance of an independent judiciary as a fundamental pillar of a democracy, Ellis said the IBA delegation also sought reassurance from Zimbabwean officials on four policy measures:
- the halting of “what we see is intimidation of judges”, in particular the practice of forcing the resignation of judges;
- an end to “attacks and derogatory remarks against the judiciary and lawyers”;
- the assurance from the government that there would be no “manipulation in the selection and appointment of judges”; and
- the enforcement of the decisions of courts.
Relations between the judiciary and the executive have been strained for about a year, beginning with the farm invasions and the government’s refusal to enforce the court’s orders to evict the war veterans. But the relationship reached an absolute low with the government’s recent attempts to force Anthony Gubbay, the chief justice, into early retirement.According to Sternford Moyo, president of Zimbabwe’s Law Society, the agreement “opens a new chapter” in the relationship between government and the judiciary.Moyo said he believed that the tensions between the judiciary and government had been defused, but acknowledged that this “unprecedented attack is something from which we will need to recover”. The success of this recovery would depend on whether or not government would abide by its “renewed commitment to judicial independence”.Not all members of Zimbabwe’s legal profession share Moyo’s belief that the worst has passed.Adrian de Bourbon, the chair of the Bar Council in Zimbabwe, is a senior advocate involved in negotiating the agreement between Gubbay and the government.
He regarded the recent attempts to force Gubbay into early retirement as part of a “concerted attack on the judiciary and a move to place on the judiciary people who support the ruling party”.
He is not alone in viewing the attacks on the judiciary, as well as on the independent press, as part of a strategy to secure a victory for Mugabe in next year’s presidential elections.
Courtesy http://www.iol.co.za/
Mugabe Robert
Mahinda Rajapakse
same initials
K A Sumanasekera - January 20, 2013
10:25 am
Hope they will visit Sri Lanka and inquire into the current situation here as well. MR is no better than RM. May be worse.
Safa - January 20, 2013
11:15 am
AS WE GOT TO SEE IN THE PAST WEEKS,WE DID NOT HAVE ANYTHING IN SRILANKA WHICH IS NO MEANS DIFFERENT TO THAT THE PEOPLE IN SIMBABWE FACE:
This is sad reality before the lankens under the governance of rascals in power today in SL.
No matter what the rule of law has to say- he implemented what the decisons made by unqualified, biased, unfair PSC members made. If the head of the state is pragmatic and a leader with wisdom, he could have done to a fair manner so that the CJ SB was given enough time for her process.
Babansincho - January 20, 2013
12:25 pm
I REQUEST Both UN, CW, USA and the world community to come down hard on President Rajapakse for him to think serious what the International community means Business and not to take them for granted.
All this time President Rajapakse not only hoodwinked the International community , but also humiliated and made them looking fools.
From hoodwinking UN, CW on LLRC and human right issue upto fooling India on false implementing 13 + Rajapakse think he can keep on humiliating them and making them a laughing stock and get away from the promises he gave.
Please see the following web. what Sri Lanka’s Permanent Representative to the UN Dr. Palitha Kohona has questioned the value of the Commonwealth when he was asked to comment on the criticism of the impeachment of Chief Justice Shirani Bandaranayake by the Commonwealth.
MARA is questioning on the validity of UN, CW, USA and other countries who helped him to win the terrorist war.
Therefore it is time for International community to come down hard on Rajapakse Regime until it RE-instate CJ Dr.Shirani Bandaranayake.
———————————————————————————————————
Some of the Measures could be.
———————————–——————
1)Total travel Ban on President ,Govt.Ministers and their Families….as most of their official Meetings are mere Pleasure trips wasting people’s money.
2) Freeze all aid given to Govt. and direct them through INGO’s.
3)Either freeze All IMF, WB Lonas to GOSL or be given only on condition and supervision that GOVT. should use them only on people’s needs and should stop importing duty free vehicles for Ministers and Govt.Goons and on fake and wasteful development projects.
4)Restriction on Tourists visiting Sri Lanka while totally Freeze Govt.Ministers and officials travelling to those countries.
5) Cancel CHOGM and ban Sri Lanka participating from CW,UN and international conferances, functions and meetings.
6) Trade restrictions and freeze concessions given to GOSL.
7)Direct International Projects and help given to Minority communities and people in need, such as building houses, community centers and Childrens and adult homeless shelters etc without giving a penny to Sri Lankan Government. (Remember Tsunami Donation Scandal Involving President Rakapakse and Ex.CJ Sarath N. Silva).
8)Direct nutrition programmes, health care and education on needy people only be given through International supervision By-passing GOSL.
9)Freeze all Foreign Personal bank accounts, fund accounts, assets, real estate,Businesses,Farms,Land, Black money and shares invested by all Govt. Ministers and their family members.
10) Re-do Constitition taking out all the draconian clauses that make the President or the Prime minister absolute Tyranny, Dictator and a Family Monopoly Dynasty.
11)Remove all Convicted Thugs, Criminals, Bribary Takers, Murderers, Drug Dealers, Sex perverts, Illicit contract gainers, Casino Owners, sex offenders, Money and property stealers and others from presidency, Prime Minister and parliament Ministerial and MP’s positions.
12) GIVE A SPECIFIC DEADLINE DATE TO CHANGE ALL OF THE ABOVE AND IF GOSL FAILS TO SHOW THOSE CHANGES FROM NOW ON AND FAILS TO IMPLEMENT THEM BY THAT SPECIFIC DATE INTERNATIONAL COMMUNITY SHOULD USE BOTH INTERNAL AND EXTERNAL PRESSURE FOR REGIME CHANGE WHILE COMING TO RESCUE CITIZEN FROM HARMING BY GOSL.
Mahela - January 20, 2013
4:51 pm
Kohona questions value of Commonwealth
January 17, 2013
Sri Lanka’s Permanent Representative to the UN Dr. Palitha Kohona has questioned the value of the Commonwealth when he was asked to comment on the criticism of the impeachment of Chief Justice Shirani Bandaranayake by the Commonwealth.
When Inner City Press asked about the criticism of the impeachment by the Commonwealth, Kohona answered rhetorically, “What is the value of the Commonwealth?”
Meanwhile speaking at the UN Security Council, Kohona has said that the organization must grapple with terrorism and aim to end or dramatically lessen the human suffering and misery it caused.
Mahela - January 20, 2013
7:40 pm
Kohona questions value of Commonwealth
January 17, 2013
Sri Lanka’s Permanent Representative to the UN Dr. Palitha Kohona has questioned the value of the Commonwealth when he was asked to comment on the criticism of the impeachment of Chief Justice Shirani Bandaranayake by the Commonwealth.
When Inner City Press asked about the criticism of the impeachment by the Commonwealth, Kohona answered rhetorically, “What is the value of the Commonwealth?”
Meanwhile speaking at the UN Security Council, Kohona has said that the organization must grapple with terrorism and aim to end or dramatically lessen the human suffering and misery it caused.
A victim of terrorism for almost three decades, Sri Lanka learned early the value of confronting terrorism’s links to international trafficking, money-laundering, weapons smuggling and cyber crime networks, he said.
He said that the LTTE had received ready funding from sympathizers abroad and coerced terrified civilians to contribute to their cause.
“Even during Sri Lanka’s post-conflict phase, pre-existing networks in transit and developing countries continued to exploit human misery. Prosecution of Liberation Tigers of Tamil Eelam fundraisers and arms procurers continued. Since the conflict ended, Sri Lanka had focused on rehabilitation, reconstruction, reintegration and reconciliation. It had re-established democratic processes and held local Government elections in former conflict areas, as well as set up a Lessons Learned and Reconciliation Commission. More than 11,000 former combatants had been rehabilitated and allowed to return home,” he said.
Mahela - January 20, 2013
7:37 pm
Oh Portugal | Oh Netherland | Oh British |….. When our Forefathers fought for our Independence…..they would have never dremt that our country is going to be Occupied by Our Own Power Hungry, Power Crazy, Greedy, selfish,Pervert, Thug, Murderers, Drug dealers, Thieves, Uneducated , Uncultured, Uncivilised OUR OWN SINHALA PAK…….YA PRESIDENTS, PRIME MINISTERS AND THE PARLIAMENT WHO SCREWED THEIR OWN SINHALA RACE AND THE MINORITY RACES, USING THEIR POWER AND PRIVILEGES TO SATISFY THEIR OWN SELFISH, SADISTIC DESIRES AT THE EXPENSE OF IT’S OWN CITIZENS AND THE COUNTRY.
Our Children will curse us if we allow these sadistic crooks to stay in power any more.
it is our obligation to chase these Blood sucking Leeches crooks who live on POOR RIZANAS BLOOD MONEY ever sucking people’s blood and country for their own pleasure.
It is time to Bur…n the parliament for good and give the Country to Supreme court and to qualified, honest and professionals to Govern.
TO HELL WITH PARLIAMENT BOTH GOVERNMENT AND OPPOSITION CROOKS WHO EVER LIVE ON PEOPLES PIN PADI WASTING RESOURCES AND INCURRING MEGA LOSSES TO ALL THE CORPORATIONS THEY RUN….AND BORROWING HEAVILY FROM OTHER COUNTRIES.
IT’S TIME FOR CHANGE.
Mahela - January 20, 2013
8:28 pm