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Zimbabwe High Court Judge In “Hot Water”

Published: March 24, 2013

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In a seeming retaliatory move by the government, a High Court Judge, Charles Hungwe, has been reported lately as having fallen on a bad card with ZANU (PF) and the government after his recent decision to issue an order in favor of the accused MDC-T people who were arrested last Sunday in Harare. This spotlight follows two cases that he has handled and triggered some of his cases to come under strict scrutiny.

The last one was the recent Beatrice Mtetwa order that he issued around 2:30 am last Sunday ordering the police to release her, Thabani
Mpofu and others as the police had failed to produce a search warrant. The second case involved a warrant he issued through an order authorizing the Zimbabwe Anti-Corruption Commission to descend on ZANU (PF) rich Ministers Mpofu (Mines), Goche (Transport) and Kasukuwere (Indigenization) to raid their offices and search for evidence on corruption. This order was timely intercepted and thwarted by Judge President George Chiweshe a renowned pro-ZANU (PF) bencher.

Judges
High Court Judges

This is a test of powers and interesting development because both Charles Hungwe and George Chiweshe are war veterans from the Chimurenga who became lawyers after independence. They were appointed by President Mugabe under that ticket and normally High Court Judges in Zimbabwe should make rulings that do not fly in the face of Mugabe and his ZANU (PF) interests.

In the past, Judges that have made independent rulings and frustrated ZANU (PF) interests have found themselves in sitting on hot plates. Justice Paradza, who is now on a European Judge fast became infamous together with Justice Smith in the last decade and had to flee. Paradza had to flee in an 18 wheeler truck into South Africa as his life had become endangered by the secret service agents after some charges he percieved as trumped up but politically motivated. Justice Smith had to spend some nights with real suspects at the filthy Mbare police cells after he made an order to free someone who was anti ZANU (PF).

The latest development has seen Justice Hungwe being pointed to as having acted negligently in his not issuing a sentence to Jonathan
Mutsinze in 2003 after he was found guilty of car theft in 1998. The lost record and the setting of the case in abeyance could provide fodder for ZANU (PF) to swoop on him fast and order his discipline. Normally, such a scenario can invoke intolerable punishment from above.

In a related matter the chairman of ZACC, Ngonidzashe Gumbo, a former Assistant Commissioner in the Zimbabwe Republic Police (ZRP) now faces fraud allegations after allegedly pocketing some change money close to half a million dollars from the funds he used to purchase a Mount Pleasant house that would become the offices for ZACC. The charges became prominent after he tried to investigate the said Ministers. In Zimbabwe,  judicial independence remains an uphill task because the government calls the last shots in any situation.


WPSN comments

11 Comments on "Zimbabwe High Court Judge In “Hot Water”"

  1. Mhosva hairove on Sun, 24th Mar 2013 5:20 am 

    We miss Justice Paradza you are a hero to me

  2. snakemhakure on Sun, 24th Mar 2013 5:33 am 

    although they wil try to intimidate you lest they wil not succed because mhinduro yamwari inonoka asi ichiuya. triumph judge Hungwe. makwara ezato thiefs mustokisi sikulubi and add more bugs ?

  3. baba Kim on Sun, 24th Mar 2013 6:22 am 

    Tym is up guys start packin’, noone is above the law.

  4. La Liga on Sun, 24th Mar 2013 8:39 am 

    Zanu pf always decampaigns itself. This is why intellectuals have left the party leaving scam bags like bla miki, chando kupisa, Chinotimba, cde naked etc

  5. chimoto on Sun, 24th Mar 2013 9:04 am 

    Batai munhu

  6. Bla Miki on Sun, 24th Mar 2013 9:56 am 

    Nhai iwe duzzvy Chrisdog, honestly you call an amount close to half a million bucks CHANGE? Idiot, this is massive fraud and to make matters worse, was committed by one who is suppose to safegaurd the laws of the country. He must face the music.

  7. george bachinche on Sun, 24th Mar 2013 11:00 am 

    I cant find your logic intrying to support this incompetent judge. Are you suggesting the JOnathan Mutsinze case is ok? Are you suggesting the unauthroised parceling of the entire budge of the ZAC to commsioners is ok?

  8. Papaz on Sun, 24th Mar 2013 1:31 pm 

    Asi izvi zvinoshamisa chokwadi. Nyaya ya Mutsinze inonzi yakaitika muna 2003 ikatorwa ikachengetwa, nyaya ya Gumbo kana yakaitika zvechokwadi yanga ichizivikanwa asi hapana changa chichiitika. Izvi zvinoreva kuti kana uchirikuita zvinodiwa ne ZATO pee F hausungwe kana ukapara mhosva. Mhosva dzese dzaunopara dzinosungirirwa dzozoshandiswa se security ye ZANU pf. Dai yanga isiri nyaya ye ZACC, gumbo angadai asina kusungwa kana nyaya ya justice Hungwe ingadai isipo. Surely this goes to show that my beloved Zimbabwe has gone to the dogs. For how long ma Dzimbahwe should we allow this madness?

  9. Dzimai Moto on Sun, 24th Mar 2013 3:55 pm 

    I’m not a lawyer and all lawyers admit that the law is an ass. The independence of judiciary means that the judgments will be accepted as delievred even though there are errors. Just like in a football match, referees make errors that may sway results but the referee decisions are binding, that is the independence.

  10. reason on Sun, 24th Mar 2013 5:12 pm 

    A stupid report leaving most of the illegal
    actions done by judtice ****/Hungwe,
    Like grantin bail to Mtetwa whilst at his
    farm around 2a.m in the absence of the
    prosecution. There are better and well
    informed reporters in this country. I wondet
    what this idiot is trying to achieve by hiding
    the judge’s misdeeds. We zimbo
    can no longer be fooled by such
    idiotic reporting. Game over.

  11. martin chirema on Mon, 25th Mar 2013 5:29 am 

    Aba ngaasungwe be it zanu or mdc mutemo ngautevadzwe period.

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