Analysts hail thriving independent judiciary

Zimbabwe has rule of law with a thriving independent judiciary, observers said on Thursday.
Minister Mangoma was being accused of illegally directing the purchase of five million litres of diesel from a South African company, NOOA Petroleum without going to tender.

Justice Chinembiri Bhunu cleared the minister of the criminal abuse of office at the close of the State’s case saying there was no reason to put him on his defence for lack of incriminating evidence.
Political analyst, Professor Jonathan Moyo, said Justice Bhunu’s ruling confirmed that the country’s judiciary system was functional.

“The decision on the Mangoma case confirms for the umpteenth time that Zimbabwe is a constitutional democracy under the rule of law and exposes the MDC formations, especially the Tsvangirai faction as a bunch of charlatans who would not recognise the rule of law even if it hits on their ugly faces,” he said.

Prof Moyo said the MDC-T thought it was the rule of law.
“They think that what they want and what they do is the rule of law yet the rule of law is what the judge says,” he said.

Prof Moyo is of the view that Minister Mangoma should have been put to his defence and that there was a prima facie case against him.
“We disagree with the judgment but even so, we accept and respect the decision because that is what the rule of law is. You win some and lose some. We cannot argue with what the judge says,” he said.

Political analyst, Mr Eldred Masunungure, said the judgment was a reflection that the rule of law was alive in the country.
“It is a demonstration that the rule of law is kicking, especially with respect to that case. To me that particular judgment shows there is still professionalism on our bench.

“It instills confidence to the public that the judiciary can apply the rule of law even in some highly sensitive cases, they are not afraid to render judgments that are appropriate,” said Mr Masunungure.
University of Zimbabwe public law chairperson, Professor Lovemore Madhuku, described the verdict as good, adding that it ought to be respected.

“This is a good judgment. It helps society to value the independence of the courts, we must strive to keep the court independent,” said Prof Madhuku.
Another political observer, Mr Godwine Mureriwa, said Minister Mangoma’s acquittal was clear evidence that Zimbabwe had one of the best judiciary in the region contrary to false claims by the MDC-T of lack of rule of law.

“It is clear that Zimbabwe has one of the best judiciary in Sadc and that explains why some of our lawyers are occupying senior positions in the region. The MDC-T should not take politics into every sphere of life unnecessarily. They should know that the State’s arms are independent of Zanu- PF,” Mr Mureriwa said.

He said the judiciary that Zimbabweans had problems with was the one inherited at Independence, which was predominantly white and perpetuated racism.
“The MDC-T should not infringe on the right of the judiciary to exercise its mandate, which is to interpret the law,” Mr Mureriwa said.

Mr Alexander Kanengoni, another political analyst, echoed the same sentiments.
“Mangoma’s acquittal shows that our judiciary system is very functional. A legal system is there to convict or exonerate accused people,” he said.

Mr Kanengoni said the MDC-T always wanted to create an impression that the country’s judiciary system was heavily manipulated by Zanu-PF.
“The Mangoma case has proved that they wanted to create a crisis out of nothing,” he added.

The MDC-T has made unsubstantiated allegations that the judiciary was biased towards Zanu-PF and its leader Morgan Tsvangirai launched a vitriolic attack on Judges after the Supreme Court nullified the election of House of Assembly Speaker, Lovemore Moyo.

However, MDC-T secretary general and Finance Minister Mr Tendai Biti last week told a Sadc/Africa Business Forum that Zimbabwe’s judiciary compared favourably with other systems in the world.
Minister Biti commended Zimbabwe’s judges saying they were well educated and respected globally.

A number of MDC-T officials have been acquitted on various charges before the courts despite the continued attacks from the party.
MDC leader Morgan Tsvangirai was acquitted by the High Court in 2005 on treason charges he was facing while former legislators Fletcher Dulini-Ncube were also exonerated on charges of murdering war veterans

leader Cain Nkala.
Minister Biti was also set free by the courts for contravening electoral laws in 2008 when he announced results of the harmonised elections usurping the mandate of the Zimbabwe Electoral Commission.

Minister Biti was also acquitted of treason charges following the release of a document that implicated his party in plot to illegally unseat a constitutionally elected Government.
Several MDC-T officials and supporters have also been acquitted on various charges by the country’s courts.

 

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