Security Minister Mutasa accused of intimidating magistrates in Chinamasa case

By Tererai Karimakwenda

3 August 2006

Magistrates in Manicaland have refused to try Justice Minister Patrick Chinamasa, citing intimidation by the State Security Minister Didymus Mutasa. It is no secret that the independence of the judiciary in Zimbabwe has been compromised for years now but this is the first time that all magistrates in a province have turned down a case, due to interference by a government official. As Justice Minister Chinamasa runs the courts, yet he is facing charges of obstructing the course of justice. He is being accused of trying to influence key witnesses in political violence incidents that occurred in Mutasa's Makoni North constituency during the run-up to the 2005 parliamentary elections.

But the chief magistrate Herbert Mandeya withdrew the charges before plea on Tuesday after the state claimed that not a single magistrate in Manicaland province was willing to hear the case. Lawyer Innocent Gonese, who is the shadow Justice Minister in the Tsvangirai MDC, told us the magistrates informed an open court that they had been intimidated by Minister Didymus Mutasa. They said the powerful minister also accused them of being members of the MDC. According to the Financial Gazette newspaper Mutasa this week denied intimidating the magistrates. He reportedly said: “They are lying about me and I don't even know that person saying those things at all."

Gonese told us these developments are very disturbing and gave us an update on the case. He said: “What has now happened is that there has been a separation of trial. The co-accused are now facing the judge. One of the persons with whom they were jointly charged has been removed from remand and the state will proceed by way of summons. And from previous experience sometimes that actually sounds the death of that particular case.” Gonese said this reinforces that there is no rule of law, no democracy and no separation of powers in Zimbabwe. And he added that this reflects badly on ZANU-PF.

Gonese also expressed deep concern for the witnesses in this case. He said: “The trial of the minister has failed to take off. And at the rate that this has been going it may take a long time before the matter actually comes up for trial and during that period you never know what might have happened to the witnesses. Witnesses can die. Witnesses can relocate.” Gonese also said that it was now going to be difficult to ask the witnesses to testify twice on the same subject.

Observers have said Mutasa’s threats to the judiciary appear to be a way of rewarding Chinamasa for interfering with witnesses in his own violence case in which he was exonerated. Gonese said he views all these developments as a reflection of the internal struggles within ZANU-PF which have created two camps vying for power after Mugabe leaves office.

Late Thursday several reports said that Attorney General Sobusa Gula Ndebele had roped in a retired magistrate Phenias Chipopoteke to handle the matter. A judiciary officer confirmed that the matter has been set down for August 8 and 9. Chipopoteke said he was approached to take up the matter and agreed. A report on the New Zimbabwe website says Gula Ndebele had been angered that the magistrates had refused to preside over Chinamasa's trial without first having notified him and this had resulted in Chinamasa getting off the hook.