OWN CORRESPONDENT, Harare | Saturday
THE Zimbabwe government has struck a deal with the country’s defiant chief justice, signalling the end of a bitter stand-off between the judiciary and executive which has caused tensions both at home and abroad.
Under the agreement, Chief Justice Anthony Gubbay will stay on in his post, but will be on leave until the end of June, when he will take early retirement. The government had been trying to oust Gubbay, saying earlier this week it would appoint his successor immediately.
The agreement comes with conditions that no other judges in the country will be unlawfully removed. The government also agreed to withdraw all demeaning statements it had made against the chief justice.
Gubbay had initially offered to take early retirement following run-ins with the government over verdicts against forcible seizures of white-owned land for redistribution to marginalized blacks.
He changed his mind this week, however, saying after the government told him he would lose his post immediately he went on leave that he would then step down from the bench on his 70th birthday in April 2002, as was his right.
During this week’s standoff, Gubbay openly defied government and went to his chambers after the deadline set for him to vacate the office.
Gubbay will not preside over any trial during the time he is on leave, but will continue to occupy his chambers and his official residence.
Minister of Information and Publicity, Jonathan Moyo described the agreement as “an amicable, civilised, constitutional and dignified agreement”.
Justice Minister Patrick Chinamasa had early this year accused the judiciary of bias against the government, saying, “We must begin to exorcise from all our institutions the racist ghost of (former Rhodesian leader) Ian Smith, and we do so by phasing out his disciples and sympathisers.”
The two parties agreed that no further statements of that nature would be made. – AFP
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