REPORT BY NQABA MATSHAZI AN organisation of top international judges and lawyers has asked Chief Justice Godfrey Chi-dyausiku to inform them of the steps he took to protect High Court judge, Charles Hungwe. The International Commission of Jurists (ICJ), an organisation of 60 eminent lawyers and judges, said the recent attacks on Hungwe were an assault on the independence of the judiciary in Zimbabwe and Chidyausiku should step in to protect the judge, whose woes began when he ordered the police to release lawyer, Beatrice Mtetwa.
“We would therefore, be obliged if the Honourable Chief Justice will share with us the measures that have been taken to protect Justice Hungwe from these systematic attacks, which undermine judicial independence and impartiality in the administration of justice in Zimbabwe,” reads the letter, signed by ICJ secretary general, Wilder Tayler.
An informed insider said Hungwe was due to be suspended and an investigation into his conduct has been opened, but pressure from the international grouping could have delayed the suspension.
Instead of the expected suspension, Hungwe’s case was referred to President Robert Mugabe, who is yet to decide on the matter.
Hungwe has been the subject of a sustained attack from the state media after he ordered the release of Mtetwa, who was arrested on allegations of obstructing the police from conducting their duties.
The judge has been accused of convening a night court at his farm, triggering the unrelenting attack from the media, an issue the ICJ took exception to.
“I am writing to express the ICJ’s concern regarding the recent vilification and seemingly unwarranted attacks against Justice Charles Hungwe in the public media and The Herald in particular,” Tayler wrote.
“[While] judges are not immune from criticism and should be held accountable, it is unfair that they be subjected to condescending, systematic and unjustified attacks.”
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The ICJ said the attacks were worrying as they were detrimental to judicial independence in Zimbabwe, creating a “negative impression that some powerful people are intent on creating a climate that would result in Justice Hungwe removed from the bench”.
The ICJ, the source revealed, felt the attack on Hungwe was meant to send a message to other judges, that they could face the same fate if they passed decisions that were detrimental to the state.
With elections due this year, the source said they feared that Hungwe’s treatment could be used to cow other judges who were viewed as independent.
The source further revealed that Chidyausiku is due to host a conference of world chief justices in November and Hungwe’s treatment could scuttle these plans.
Hungwe has not endeared himself to some hardliners in Zanu PF, following his release of Mtetwa and issuing a search warrant to the Zimbabwe Anti-Corruption Commission (Zacc). ICJ TO MONITOR HOW HUNGWE’S CASE IS HANDLED
Tayler said the ICJ will continue to monitor the manner in which the Chief Justice and the Judicial Services Commission handle Hungwe’s case and that the judge should be protected.
“If there’s any evidence of misconduct by a judge, then the ICJ would expect there to be an open and transparent process undertaken by appropriate authorities guided by the law, rather than a trial by the media and conviction by the court of public opinion,” the ICJ wrote.
