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01 March 2001
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28 February 2001
The Special Rapporteur on the independence of judges and lawyers, Dato' Param Cumaraswamy, today issued the following statement:
“I have been following the developments in Zimbabwe with a great deal of concern. The recent information that I have received indicating that the Chief Justice has been informed that he is immediately required to vacate his office on 28 February and his official residence by 9 March 2001 represents an unacceptable threat to the independence of the judiciary. Further, the Government's decision to pay the Chief Justice four months salary in lieu of leave is contrary to the very grain of the office of a judge.
Judges, including the Chief Justice, are not employees of the Government or any other authority. Their offices are constitutional appointments. In the exercise of their judicial functions they are not subject to the direction or control of any person or authority, including the executive and the legislature. This basic principle is expressly provided for in the Constitution of Zimbabwe.
The Government's decision to pay the Chief Justice four months salary in lieu of leave, is an indication that the Government is labouring under the mistaken conception of equating a judge's position with that of an employee, where there is no master and servant relationship.
I once again appeal to the Government to honour and comply with its obligations undertaken under international and regional instruments and moreover under the Constitution of Zimbabwe. These attacks and intimidation are not just threats on independent judges but in essence are, and will be seen to be, as attacks on the majesty of the rule of law. The Special Rapporteur calls upon the Government to refrain from carrying out the threat to the Chief Justice to vacate his office by 28 February and his official residence by 9 March 2001.”
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The Special Rapporteur on the independence of judges and lawyers, Dato' Param Cumaraswamy, today issued the following statement:
“I have been following the developments in Zimbabwe with a great deal of concern. The recent information that I have received indicating that the Chief Justice has been informed that he is immediately required to vacate his office on 28 February and his official residence by 9 March 2001 represents an unacceptable threat to the independence of the judiciary. Further, the Government's decision to pay the Chief Justice four months salary in lieu of leave is contrary to the very grain of the office of a judge.
Judges, including the Chief Justice, are not employees of the Government or any other authority. Their offices are constitutional appointments. In the exercise of their judicial functions they are not subject to the direction or control of any person or authority, including the executive and the legislature. This basic principle is expressly provided for in the Constitution of Zimbabwe.
The Government's decision to pay the Chief Justice four months salary in lieu of leave, is an indication that the Government is labouring under the mistaken conception of equating a judge's position with that of an employee, where there is no master and servant relationship.
I once again appeal to the Government to honour and comply with its obligations undertaken under international and regional instruments and moreover under the Constitution of Zimbabwe. These attacks and intimidation are not just threats on independent judges but in essence are, and will be seen to be, as attacks on the majesty of the rule of law. The Special Rapporteur calls upon the Government to refrain from carrying out the threat to the Chief Justice to vacate his office by 28 February and his official residence by 9 March 2001.”
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