Judges slammed for Zim stance

2003-03-05 22:54

Pretoria - A senior African National Congress figure chided South African judges on Wednesday for voicing concern over the way some of their counterparts were being treated in Zimbabwe.

Their queries were evidence that they also regarded themselves as above the law, suggested KwaZulu-Natal ANC MPP Dumisani Makhaye.

Apparently referring to the prosecution of Zimbabwean Judge Benjamin Paradza, Makhaye accused the judiciary of hiding behind their independence when they landed in trouble.

"When the law takes its course against them (the judiciary in Zimbabwe), they cry foul and plead the independence of the judiciary. They hope to be the only ones to be unaccountable to anybody," Makhaye said.

"Elements from the South African judiciary who themselves think they are the only ones that are unaccountable to anybody - including some from the ranks of the struggle - have instinctively come to the defence of elements of the Zimbabwean judiciary who think they are above the law."

Makhaye's remarks came hours after South African Chief Justice Arthur Chaskalson and nine of his southern African counterparts questioned the action against Paradza.

Paradza was arrested about two weeks ago on corruption allegations, and was held overnight in a police cell before he was freed on bail.

He is to appear in court on March 21 to face charges of corruption and attempting to obstruct the course of justice.

This was not the way judges should be treated, contended Chaskalson and the chief justices of Botswana, Malawi, Mauritius, Namibia, Swaziland, Tanzania, Uganda, and Zambia.

In a statement they said any investigation of criminal charges against judges should be conducted with sensitivity to their status. Judges had to be seen as independent.

"For this reason special procedures are usually followed in democratic societies where allegations of serious criminal conduct are made against a judge."

Such procedures usually involved the holding of an independent inquiry to determine whether the judge should be impeached.

If this proved to be the appropriate action, criminal prosecution may then follow. Zimbabwe's constitution also provided for this route.

"It is regrettable that this procedure, rather than an arrest, detention and prosecution, has not been followed in respect of the allegations against Mr Justice Paradza," the chief justices said.

In a speech prepared for delivery in the KwaZulu-Natal legislature, Makhaye argued there was no doubt about the government's stance on such matters.

"The ANC and its government has been very vocal on those issues in Zimbabwe that violate the very stated policy, law and constitution of Zimbabwe - whether from Zanu-PF ... or elements within the state, including elements within the Zimbabwean judiciary."

In August, Paradza struck down government eviction notices affecting 54 white farm owners on grounds they were not served correctly under land reform laws.

He had also ordered the government to issue a passport to a veteran human rights activist after she was stripped of her Zimbabwean citizenship.

- SAPA