Jonathan Moyo’s hypocrisy exposed

Headlines, News — By Esther Gomo on March 18, 2011 1:51 pm

By Lance Guma

Tsholotsho North MP Jonathan Moyo, on Tuesday tried to whip up public sentiment against Prime Minister Morgan Tsvangirai, claiming the MDC leader should be arrested for criticizing judges in the Supreme Court.

Following a controversial decision by the Supreme Court to nullify the election of Lovemore Moyo as Speaker of Parliament Tsvangirai said; “This decision is a clear reflection of the state of affairs on the Bench. A judiciary, which in the post-Dumbutshena and post-Gubbay era, has largely discredited itself by becoming a willing appendage of Zanu PF.”

Jonathan Moyo immediately went on the attack claiming; “Tsvangirai has done what nobody else in the executive has ever done. He has undermined not only the rule of law, but his own claims to be a champion of democracy and rule of law and proven that he has no respect or understanding of the rule of law.”

But a rebuke of Moyo’s rant was to come from respected law lecturer Dr Alex Magaisa, who chronicled the long list of ZANU PF officials, who have criticized judges over the years. Dr Magaisa said concern had to be raised if the law was to be applied selectively, arguing few politicians could claim to have clean hands, not least Moyo himself, who cropped up in most of the examples given.

“In October 2000 the then Information Minister, Professor Jonathan Moyo issued vicious criticism of High Court judge, Justice Chatikobo, whom he accused of being a “night judge dispensing night justice” having granted an urgently sought interdict after hours,” Magaisa wrote in his blog.

The case involved Capital Radio who sought urgent protection from the courts against Moyo, who wanted to seize its broadcasting equipment. Justice Chatikobo granted an order against the government and Moyo ridiculed it on the grounds it had been issued by a “night judge, in a night court” and that the result had merely been “night justice”. There were no charges of contempt of court against Moyo.

But as Magaisa observed the matter did not end there, as Moyo wrote to the then Judge President Justice Godfrey Chidyausiku, registering government’s disquiet over the ruling in the Capital Radio saga. This resulted in the High Court instituting investigations into the conduct of Justice Chatikobo. Tired of the victimization, Justice Chatikobo later resigned and went to Botswana.

Not to be outdone was the clownish leader of the war vets Joseph Chinotimba, who invaded the Supreme Court in November 2000 “to start what was to become the effective purge of the judiciary, removing judges who were regarded as being unfavourable towards the Fast Track Land Reform Programme,” Magaisa wrote.

In one incident Chinotimba is quoted as having declared: “Devittee is a judge for opposition political parties. The way Gubbay went, is the same way he is to go”. Needless to say he was not charged with contempt of court.

In 2002 Mugabe was quoted as having remarked at a reception for MP’s that the government would not obey judgments which it regarded as “subjective.” He is quoted as having stated, “We will respect judges where the judgments are true judgments.” SW Radio Africa

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