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Tsvangirai must be taught lesson: Moyo

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Published: March 15, 2011

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Source |Newzimbabwe|
 
PRIME Minister Morgan Tsvangirai and the deposed Speaker of Parliament Lovemore Moyo have “opened themselves to a clear and unambiguous risk of prosecution” following their attacks on the Supreme Court, Tsholotsho North MP Jonathan Moyo (Zanu PF) said on Tuesday. 
 
Tsvangirai accused Supreme Court judges of being “a willing appendage of Zanu PF” and the former Speaker said the judges were “loyal and faithful to the cause of Zanu PF” after they nullified Lovemore Moyo’s 2008 election. 
Both now face the possibility of being charged with contempt of court. 
jonathan-moyo-glasses250

Jonathan moyo

The Tsholotsho North MP, a member of the Zanu PF politburo whose court application ended in the Speaker’s ouster, said Tsvangirai and Moyo “have a right to attack and disagree with judgements but no right to attack judges”. 

“One is a Prime Minister of Zimbabwe who has taken an oath to respect and uphold the laws of the country. The rule of law he preaches also means accepting that judges have a responsibility to interpret the law, no-one else can claim to have authority in interpreting the law except the courts,” Moyo said. 

“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. 

“No-one will listen to him in future when he preaches about the rule of law because to him that means the rule of MDC-T.” 

lovemore_moyoThe Attorney General Johannes Tomana is said to be considering bringing charges against the Prime Minister and the former Speaker – an action that could further strain relations in an already tense governing coalition with President Robert Mugabe’s Zanu PF party and a rival MDC faction led by Welshman Ncube. 

Tsvangirai was furious after the Supreme Court last week voted 3-2 to nullify Lovemore Moyo’s election as Speaker, after finding that MPs from MDC-T had been compelled to display their votes in what was supposed to be a secret ballot. 

Tsvangirai stormed: “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. 

“Dubious and pro-executive decisions have been made in this era. We will not accept the decisions of some Zanu PF politicians masquerading as judges. Zanu PF is trying to use the courts to subvert and regain what it lost in an election.” 

And offering his response, Lovemore Moyo told New Zimbabwe.com last Friday: “We are aware that the majority of our people, learned men and women on the Bench, owe it to the (Robert) Mugabe regime, and obviously it is given that when it comes to a call when they have to make decisions, crucial decisions for that matter, they have to pay back the master. In this case, do things in favour of Zanu PF. 

“So I was not shocked because I knew that 99 percent they would certainly favour their master.” 

But Jonathan Moyo, speaking in an interview, said the twin attacks on the Supreme Court judges by the senior MDC-T officials was “particularly surprising”, given that judges have handed down many adverse judgements against Zanu PF interests. 

On the same day judgement was handed down in the Speaker’s case, Chief Justice Godfrey Chidyausiku shot down the Attorney General’s appeal against the acquittal of MDC-T treasurer Roy Bennett on treason charges. Tsvangirai himself was acquitted on treason charges in 2004 over an alleged plot to assassinate Mugabe. 

Moyo said: “If these were Zanu PF judges doing Zanu PF’s bidding, this guy (Tsvangirai) would be six feet under by now. He is forgetting very quickly. We in Zanu PF were furious that he got away, but we did not call judges MDC-T appendages. 

“To be sure, citizens in a democracy have a constitutional right to disagree with judgements, but they have no right to cast aspersions and attack the integrity of judges. 

“We can attack judgments but not judges. Attacking judgements is part of advancing democratic space because it brings out views which the judge might not have taken into account and helps in future cases. 

“Judgments are not gospel truths, they are not biblical. They are legal. What is legal today may not be legal tomorrow.” 

Lovemore Moyo, said the MP, was especially culpable because he was a litigant in the Supreme Court case. 

“His case is worse,” said the Tsholotsho North legislator, a former Information Minister. “His contempt is worse because here is a person who was a second respondent in this matter and had every opportunity in the last 24 months to make his case before the courts. 

“He brought a lawyer from South Africa, the son of a South African apartheid judge, and won the case before the High Court. We never complained that it was a political ruling. 

“The High Court said their displaying of ballot papers was impolitic, and found Moyo was one of the culprits who created the problem before the courts. He did not challenge that finding of facts. The Supreme Court took that as a matter of fact, and the case before it was not whether or not there were irregularities but whether that irregular conduct violated the constitution and rendered the contest null and void. 

“He was heard and succeeded in the High Court but lost in the Supreme Court. 

“What now needs to be done is to teach him and Tsvangirai that they are not above the law, and that they are prosecutable. If this was a reckless challenge to the rule of law, then the rule of law must take its course. There is no better way of teaching them that lesson than hauling them before the same court that they have held in contempt.” 

New Zimbabwe.com columnist and legal expert Alex Magaisa has criticised both Moyo and Tsvangirai for their attacks on the courts, but said unfortunately they were not the first to take aim at judges following adverse decisions. 

“Some characters who today point accusatory fingers do not seem to have a clean record when it comes to contemptuous behaviour towards the courts,” Magaisa said. “No doubt they will justify their conduct, just as Tsvangirai will also try to justify his recent comments.” 

Magaisa recounted the Tsholotsho North MP’s attack on Justice Ismail Chatikobo in October 2000, when he was still Information Minister. Chatikobo had granted Capital Radio an after hours injunction stopping the seizure of its equipment. 

Moyo railed against what he said were “night lawyers going to see night judges in a night court to seek night justice”. 

After Justice Minister Patrick Chinamasa was hit with a contempt charge by Justice Blackie for his own criticism of judges, Moyo remarked that “there is no doubt that fair minded and law abiding citizens will see this judgement for what it is: outrageous, sinister and a highly personalised crusade by someone who should be packing his bags.” 

Magaisa added: “It is not right for politicians – Zanu PF, MDC or whomsoever to abuse the courts and judges yet it is also not right to apply the law selectively. The matter needs sober minds and sober politicians to raise their hands and clean up their act and for judges to maintain the integrity of their office by not only dispensing justice but as the old adage goes, be seen to be doing so.” 

But Moyo insists there is no “national value” in looking back at the era of “Rhodesian judges” when “the whole cast of players has changed from that time in terms of judges, the attorney general, the police, the culprits, the crimes and the times.” 

“The last time I checked, Dr Magaisa was a lawyer. If I am correct, then he should know that what he is saying is not a legal defence. And this is a legal matter that requires a legal defence. 

“If you are arrested for murder, you don’t say you are innocent because there are other murderers out there,” Moyo said. 


WPSN comments

17 Comments on "Tsvangirai must be taught lesson: Moyo"

  1. Cde Zuze on Wed, 16th Mar 2011 1:28 am 

    ki ki ki ki ki ki, Moyo chine nharo dzembwa!

  2. vazala on Wed, 16th Mar 2011 5:27 am 

    jonathan moyo vadhara, kapunzira pasi shasha mbiri dzema bhunu idzi, hey what a progress. jona murume vakomana,right uyu navamugabe vanogona kutonga, tawana umwe anogona, anehushingi savamugabe, so ndaimbobvunza kuti vamugabe vakabva ndiani angatonga nyika iyi, anga chengetedza nyika yedu kubva kuma bhunu, ndamuwana manje jonathan moyo wechidiki

  3. Anonymous on Wed, 16th Mar 2011 5:29 am 

    jonathan is a man. even tsvangirayi knows that.

  4. Dzimai Moto on Wed, 16th Mar 2011 5:53 am 

    Jonathan Moyo is marketing himself to the JOC. But can he be a national leader with his brutality?

  5. choyachatsva on Wed, 16th Mar 2011 5:57 am 

    yes yes yes dzimai moto, this is the kind of people who can deal with puppets once and for all.He is brave enough even to thrash long nose. same same nava mugabe vane hushingi hwekurakasha bhunu kusvika ranzwa.

  6. Guvnor on Wed, 16th Mar 2011 7:04 am 

    Jonathan Jonathan you are not destined to rule, the kingdom has been given into the hands of David.

  7. dino wadadi on Wed, 16th Mar 2011 9:56 am 

    Choya, Dzimai, Vazala and anonymous you are indeed a forum of bomboclats. If you can be hoodwinked and made to chase your own ZANU Tails by us “puppets” then you are a sorry class of twats. ZANU-PF is in lunatic mode as usual whilst brain retards like you guys regards these and other deplorable actions as strokes done by a genius. This lunacy of ZANU-PF is simply spelling your demise.

  8. Chegotsi on Wed, 16th Mar 2011 9:58 am 

    He indeed needs not only a lesson, but lessons in safe sex.

  9. Chegotsi on Wed, 16th Mar 2011 10:07 am 

    Lessons against nyorovino. Safe Seexxx. There is too much noise from Skies including Zapu, Woza, MDC-ncube and mtwakazi liberation movement (there is something like that down there). They are all crying becoz of Tsvangicide escapades with their women.

  10. richie moyo on Wed, 16th Mar 2011 10:49 am 

    tsvangirayi kukwira wanyanya. why going so low like that. wakunge zuma anorova nyoro pese-pese, even ane hiv. wanyadzisa sawe. im now not sure of giving you my vote come election time. our women are nolonger safe. oneday morgan, hamba ichasangana neanedemo, ucharambiramo. try my wife or small house uone. kuita mari doesnt mean you must dip your stick everywhere.

    you can be right wena because sally died gushungo vane vana vaviri vakura kunze. hamunzwe varume imi but mumwe wako arinani, haimiri pese-pese, anototanga aenda china, obvako yakakoka.

  11. Bla Miki on Wed, 16th Mar 2011 10:54 am 

    Ke ke ke ke ke, ndobvaruka zvagu nelafuta. Kusaziva kufa apa Prof mazondispaka kuratidza imbwa idzi gwara chairo. He-e judiciary system is biased only when it rules in favbour of Zanu PF, when against Zanu PF it is ok. Matama anenge ngoma yechichawa

  12. Chegotsi on Wed, 16th Mar 2011 11:02 am 

    Richie kikikiki kikikiki kikikikiki ,our principals!!! You are right on Tsvangirayi and I think you are from Mt. Darwin (kwerunyoka). Just that Ku Skies they dont fence their women that way. His exellence does not go to China every nite cos he is still fit and does not need viagra too kuti akoke. Tsvangirayi is awash with Euros all of a sudden and he knows women in Skies are easy prey, thru Khupe. Now you remember how Khupe’s pregnancy dissappeared? Clue – she shares an office with Richard!!! And Richard hates condoms. This fellow needs massive handling. There you are.

  13. Guvnor on Wed, 16th Mar 2011 2:56 pm 

    One can always count on Jonathan “musorodamba” Moyo to make statements completely out of kilter with his standing in the electoral stakes. Honorable PM has taken the plunge and run for president whilst musorodamba needed deceit and deviousness to even win an MP seat in Tsolotsho. So who needs a lesson from who considering that honorable MP is not a student and musorodamba was hounded out of the academic fraternity for mismanagement of Ford foundation funds and misdemeaners unbecoming of a faculty member at Wits university in joburg.

  14. Tobaiwa Mudidi Zanu PF on Wed, 16th Mar 2011 4:00 pm 

    Classic misrepresentation of the facts by Moyo. Tsvangirayi and Bunnet were acquited because the cases against them were so patently engineered that the judges involved in those trials would have lost all credibilty if they had gone through with JOC plan to imprison.

  15. joza mukoma on Wed, 16th Mar 2011 6:04 pm 

    Blah miki unondi spaka nekutuka fanika ku bottle storo asi kuzvoshaya ma facts ekuriwsa nyaya chete.Tsvangira got votes and a party and failed to rule.He even failed to keep his party united and now its got four formations.And this is what we call lack of leadership skills or dip[lomatically as the wikileaks would say lack of sound judgement.How could he under estimate the influence of the war verts and the land issue? Its called foolishness .I dont support ZANU BUT THIS GUY IS USELESS AND PEOPLE DIED SUPPORTING HIM ONLY TO LET THEM DOWN LIKE THIS.IMBWA YEMUNHU.

  16. Anonymous on Thu, 17th Mar 2011 8:50 pm 

    KIkii kikiki kikiki kikiki, Musoroweshondo anonzi Moyo ane nharo dzinenge dzeshondo inorutsa chirwere nechinena chinorwara chichikungobayisa!

  17. Dzimai Moto on Fri, 18th Mar 2011 6:48 am 

    JOC is looking for a leader. Their first option is Mnangagwa with Jonathan Moyo as a spokesperson and strategist. Jonathan Moyo and Mnangagwa can speak at personal level, Moyo will take over from George Charamba when Mnangagwa takes over. Jonathan Moyo is pplaying politics. I dont support ZANU PF but I am “telling it as it is without favour”.

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