ZIMBABWE - HARARE - Any pretense that there was still a morsel of the rule of law left in Zimbabwe was quashed today when the Attorney General clearly stated that he was Zanu-PF and openly said he will ensure that Jestina Mukoko and her alleged conspirators will rot in jail.

 

Johannes Tomana, the new Attorney General, shocked the legal fraternity today through his open declaration that he was a Zanu-PF supporter.

 

 

 

His remarks came hardly 48 hours after Rita Makarau, the judge president also lost her marbles and went ballistic at the official opening of the 2009 legal year Monday, lunging at lawyers who have criticised her High Court bench's attempt to make trumped up banditry charges stick on innocent MDC activists and the human rights campaigners alleged to have plotted to overthrow President Matibili Mugabe.

A senior Zanu-PF official even expressed shock at Tomana's open declaration that he was Zanu-PF, questioning what it meant for the administration of justice in the country.

"I am Zanu-PF and I am proud to be of that party," Tomana said. "Nothing bars me from being a Zanu-PF supporter.

"Our law protects that right and that is why in society, public offices are occupied by people who are free to belong to their political parties.

"I am very good at separating business from politics. I do not appreciate the undue concern that there is a problem with my association with Zanu-PF."

Tomana's next statement that Mukoko was a "threat to society" is what really shocked the legal fraternity.

A lawyer said he was surprised with such public pronouncement by a man entrusted with the administration of criminal justice, and questioned his impartiality in handling legal cases.

"It speaks volumes about the subversion of the rule of law in this country," said the lawyer.
Observers said Tomana was "singing for his supper."

"He also wants a Toyota Vigo, an E280 Merc, satellite dishes and generators," said another legal practitioner. "Thats the only reason why anyone would go to such absurd lengths to back an expired regime that is way past its sell-by-date.

 

He is fairly young and it’s unfortunate he is backing a regime in its twilight years. History will judge him harshly for such pronouncements. I think he should win the bootlicker award of the month. This is unprecedented," added the outraged human rights lawyer.

Meanwhile human rights lawyers say they have been miffed by Justice Makarau's attempt to threaten lawyers with allegations that they had shown contempt and disrespect for the judiciary by complaining in the foreign media about clear miscarriage of justice.

Makarau and her High Court bench, for instance, have refused to investigate charges of kidnapping brought against the CIO and police and also refused access to medical attention for the political detainees. Lawyers such as Beatrice Mtetwa representing Mukoko have complained about such miscarriage of justice.

"Lack of respect and utter contempt manifesting in the utterances by some lawyers to the foreign media is sometimes dumbfounding and after reading some of the reports one would be forgiven for believing that such legal practitioners will never again seek recourse to the courts for anything as they have no faith in the system," a fuming Makarau said.

"The truth is they happen to be among the busiest lawyers in town. They have obtained more orders than most from a judiciary that is beneath contempt and in a country where the rule of law has completely broken down.

"I wonder what value they place on the orders issued in favour of their clients. Should such orders even be enforced?"

 

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Makarau said enough was enough, adding, "We have turned the biblical cheek several times already."

The Zimbabwe Lawyers for Human Rights, ZLHR, a grouping of the country's leading human rights lawyers, took great exception to Makarau's threats.

"As a membership-based organisation of human rights lawyers in Zimbabwe, ZLHR wishes to make an effort to understand her concerns and work together with her to address them in a productive manner," the human rights lawyers said in a statement.

"ZLHR will therefore shortly be engaging with Mrs Justice Makarau in this regard. Further developments will be advised as and when they arise."

Makarau and her colleagues in the High Court have clearly shown failure in handling human rights cases, in most instances taking sides with Mugabe and his Zanu-PF who have lavished them with gifts, drawing shock from the legal fraternity here.

Makarau's change of tack from last year, where she opened the legal year with a bombastic speech slamming the collapsing judiciary, has shocked many.

There are concerns that the gifts she received from the regime were clouding her judgement and she was failing to deal impartially with human rights violations brought before her bench.

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