The Law Society of Zimbabwe (LSZ) says remarks made by the country’s Justice Minister Ziyambi Ziyambi threatens judicial independence.

Part of Minister Ziyambi’s remarks:

“The situation now in this country is that there is a risk of judicial capture where the Judiciary has been captured by certain elements both within and outside Zimbabwe who want to destabilise the second Republic.

“We are aware of certain members of the opposition, the MDC Alliance, who are being paid monthly allowances for causing turmoil in this country and for being arrested.

“The time may now have come to expose all these malcontents and economic saboteurs who are not sleeping until they bring down the second Republic.

“We are going to poke the enemy in the eye and confront it.”

The remarks followed in the wake of a High Court ruling on Saturday that Chief Justice Luke Malaba had ceased to hold the role after turning 70.

“The Law Society of Zimbabwe has been closely following the two cases filed at the High Court of Zimbabwe on 11 and 12 May 2021 respectively. Following the ruling on the two cases on Saturday 15 May 2021 by High Court Honourable Justice Happias Zhou sitting with Honourable Justice Edith Mushore and Honourable Justice Jester Charewa, social media was awash with a statement attributed to the Minister of Justice, Legal and Parliamentary affairs Honourable Ziyambi Ziyambi who was cited as a party in the proceedings before the court.

“The statement was further extensively quoted in the Sunday Mail of 16 May 2021 and other international media platforms. We have carefully considered the statement and we are of the view that on the face of it, it was contemptuous of the court that dealt with this matter,” said LCZ.

“A litigant aggrieved by a court decision has a right of appeal and such displeasure must be addressed through an appeal filed at court. A public statement attacking a court of law has the effect of ridiculing the judiciary thereby diminishing public confidence in the institution.

“In this instance, it is our considered view that prima facie, the attacks in the Minister’s statement are unfair, unwarranted and not necessary especially coming from a Minister responsible for justice and who is also a legal practitioner. The statement threatens judicial
independence and undermines the principle of separation of powers which are fundamental tenets of the rule of law.”

Government have since appealed against a High Court ruling that extending the chief justice’s tenure by five years was illegal.