/ 4 November 2003

This is ‘what happens to judges in Zimbabwe’

Political parties have strongly criticised the police for the arrest of Groblersdal Chief Magistrate Hendrik van der Walt last week, allegedly for defeating the ends of justice.

The New National Party requested an urgent meeting with Safety and Security Minister Charles Nqakula on Tuesday to discuss the issue, NNP MP and member of the Magistrates’ Commission Piet Matthee said.

The supreme authority of the law and independence of the judiciary was the cornerstone of any true and effective democracy, he said in a statement.

Judging by the facts currently at the NNP’s disposal, it appeared Van der Walt’s arrest was a serious and flagrant violation of the supreme authority of the law and judicial independence.

The NNP considered this so serious, it had requested an urgent meeting with Nqakula to discuss the issue on Tuesday, Matthee said.

In another statement, Democratic Alliance Chief Whip Douglas Gibson said if Van der Walt was treated by police in the manner alleged, ”it is a chilling reminder of what happens to judges in Zimbabwe”.

It was alleged a police Director Mthego of police headquarters arrested Van der Walt and took him into custody last Thursday.

”Mr van der Walt’s shoelaces, his belt and tie were removed, presumably to prevent him from escaping. The action is breathtakingly disproportionate and unjustified.

”The charge is apparently one of defeating the ends of justice. This was because the magistrate released accused after the police failed to present a proper case,” Gibson said.

He added Van der Walt was apparently seeking legal advice, which came as no surprise.

”If he was treated as he alleges, I suspect that he has a very substantial claim for damages that will have to be paid by the taxpayer.”

Gibson said Len Rasegatla of the Secretariat at Safety and Security had undertaken to conduct a full explanation.

”What concerns me is that a sensitive arrest like this should surely be carried out with discretion and good sense.

”This seems to have been singularly lacking in the present case. If a senior magistrate can be treated in this fashion, one can only imagine how powerless people are abused and ill-treated,” Gibson said. – Sapa