Law Society defends Justice Hungwe

The Law Society of Zimbabwe yesterday expressed concern at what they perceive as deliberate targeting of High Court Judge Justice Charles Hungwe who has been in the eye of a storm over how he handled two cited cases and the bail hearing of lawyer Beatrice Mtetwa.

LSZ president, Mr Lloyd Mhishi said their organisation was disturbed by the ‘onslaught’ on Justice Hungwe.

In one case, Justice Hungwe reportedly unprocedurally granted a notice of withdrawal in a house wrangle pitting Old Mutual chief executive, Mr Jonas Mushosho and a man who bought the latter’s property.

Mr Mushosho reportedly sold a residential stand in Bluff Hill, Harare to Lloyd Mudimu who built his house before the former turned the tables and sought to nullify the deal.

Justice Hungwe reportedly granted a notice of withdrawal after he was allegedly misled that Mudimu had dropped his lawsuit against Mushosho, when in fact the case was still pending.

In another case, Justice Hungwe failed to pass sentence on Jonathan Mutsinze whom he had convicted of murder and robbery after he lost the court record.

Mutsinze has spent 10 years in remand prison awaiting sentencing. Justice Hungwe also came under fire after he heard a bail application by Harare lawyer, Ms Beatrice Mtetwa at night and at his Darwendale farm.

But in a statement yesterday, Mr Mhishi alleged that the attack of Justice Hungwe did not fall within the permitted scope.

“The LSZ does not entertain the view that the judiciary and judicial actions are beyond scrutiny. We, however hold the view that any criticism of the judiciary should be measured, tempered, based on fact and law. Any attack on the judiciary should not be actuated by malice and calculated to bring the institution into disrepute,” said Mr Mhishi in a press statement.

“Recent pronouncement by some columnist has been deliberate in their assault on the integrity of Justice Hungwe. The deliberate distortion of facts point to a mischevious intent.”

Asked by The Herald why his statement was silent on what should be done on Mutsinze who has been in remand prison, Mr Mhishi said the law provided for a due process for a judge who would have failed to perform in a manner expected of him.

“There is a process applicable to judges who do wrong things but the public must have respect for the judiciary,” he said.

Turning to the manner in which Justice Hungwe handled Ms Mtetwa’s bail application, Mr Mhishi said a court could sit anywhere like in a prison cell or hospital bed depending on the exigencies of the case.

But political analyst and Zanu PF apologist Professor Jonathan Moyo said there was everything wrong in the manner in which the judge handled Beatrice Mtetwa’s case. Mtetwa was facing allegations of obstructing the course of justice.

“The LSZ’s argument is nonsensical and absurd in the extreme because you can’t say if a judge sits in a bar or in a toilet that constitutes a court. While it is true that the venue of a court can be anywhere, that needs to be established in a procedural way in terms of the High Court rules. It is the same about the court hearing,” he said.

Prof Moyo said a judge should hear both parties before a determination is made.

Justice Hungwe who ordered the release of human rights lawyer Beatrice Mtetwa and also granted a search warrant to the Zimbabwe Anti-Corruption Commission to search the offices of three Zanu PF cabinet ministers continues to be victimised by the Mugabe regime.

Last month Justice Hungwe issued an order for arresting officers to immediately release detained human rights lawyer Beatrice Mtetwa. The police however refused to obey the order and bizarrely a lower Magistrates Court denied Mtetwa bail.

Also last month Justice Hungwe granted the Zimbabwe Anti-Corruption Commission (ZACC) permission to search the offices of Mines minister Obert Mpofu, Indigenisation minister Saviour Kasukuwere, and Transport and Infrastructural Development minister Nicholas Goche.

The commission also pounced on the National Indigenisation and Economic Empowerment Board (NIEEB) and Zimbabwe National Road Administration (Zinara) offices which fall under Kasukuwere and Goche respectively. It was only Justice George Chiweshe who blocked the searches.

Chiweshe is a key Mugabe ally who as past chairman of the Zimbabwe Electoral Commission withheld presidential election results for weeks in March 2008, amid reports the period was used to manipulate and massage the figures that denied Morgan Tsvangirai an outright victory over a shocked Mugabe.