A SUSPECTED plot to force High Court judge Justice Charles Hungwe out of office has intensified.
Report by Everson Mushava/ Moses Matenga
The embattled judge was reportedly summoned to appear before Chief Justice Godfrey Chidyausiku twice this week over his alleged misconduct.
NewsDay is reliably informed that Justice Hungwe appeared before Chief Justice Chidyausiku on Tuesday and yesterday and sources in the judiciary said plans to set up a tribunal to investigate him were in the pipeline.
“Justice Hungwe has been summoned twice this week to appear before the Chief Justice,” a source said.
“The Chief Justice could recommend to President Mugabe to set up a tribunal to probe his conduct if he is approached by the Judicial Service Commission (JSC). The judge could be forced to resign if found guilty.”
JSC deputy secretary Rex Shana, however, said he was unaware of the developments, while both Chief Justice Chidyausiku and Judge President George Chiweshe could not be reached for comment.
“The issue will never come to us, it will be between the Chief Justice and the Judge President,” Shana said.
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Of late, Justice Hungwe has been subjected to a barrage of attacks in the State media over his alleged professional misconduct, including missing court records and failure to sentence a murder convict who has been waiting sentence since 2003.
He has also been attacked over the manner he allegedly handled the bail application of prominent human rights lawyer Beatrice Mtetwa and a civil matter over ownership of a house. Justice Hungwe had previously come under fire from Zanu PF and the State media after he granted a search warrant to the Zimbabwe Anti-Corruption Commission to investigate three Zanu PF Cabinet ministers over corruption.
According to Section 87 of the Zimbabwean Constitution, the President can set-up a tribunal of at least three members to investigate the conduct of a sitting judge on the recommendation of the JSC.
The plot would see Justice Hungwe suspended from his duties while he faces a probe from a tribunal to be set by Mugabe.
Meanwhile, several local and international legal organisations and civil society groups have condemned the “persecution” of Justice Hungwe, describing this as interfering with the judicial delivery system.
In a statement, the organisations said: Pan-African Lawyers Union, Sadc Lawyers’ Association and Southern Africa Litigation Centre call on the Zimbabwean State to desist in their attacks on Judge Hungwe and to respect and protect the independence of the courts.”
Deputy Minister of Justice and Legal Affairs Obert Gutu (MDC-T) also condemned the attacks, saying this was part of a Zanu PF plot to force the bench to toe its line.
“The office of a judge is a sacrosanct judicial office that has to be held in high esteem by all right-thinking people in society,” said Gutu.
“We cannot and, indeed, we should not accept a situation whereby certain scandalous, notorious and dubious characters with sinister agendas are permitted to publicly ridicule, lampoon and slander any of our judicial officers.”
“We should never allow a situation where every Tom, Dick and Harry is given an opportunity to publicly slander and savage members of the judiciary.”
The Zimbabwe Lawyers for Human Rights (ZLHR) said the attack “constitutes a professional and personal attack on a well-respected judge of the High Court as well as a broader and more disturbing assault on the independence and integrity of the judiciary and legal profession in Zimbabwe”.
“The principle of separation of powers is key in any democratic society. The independence and integrity of the judiciary is essential as a check on the vast powers of the executive and legislative arms of the State,” said the ZLHR in a statement.
Crisis in Zimbabwe Coalition director Macdonald Lewanika said: “If you look at the pattern, there are some judges who have been treated the same – all to force them out of the bench and that is exactly what is happening to him. There have no case, but are just there to force him out because they are not happy with the good work that he is doing.”
Law Society of Zimbabwe president Lloyd Mhishi said his organisation was disturbed by the onslaught on Justice Hungwe.
