Dear Sir/Madam,
I write as a victim of violence and whilst I realise that what I have to say will be ignored in preference to those superior mortals who have the right of veto over human rights and a greater knowledge of the truth resultant of their government propaganda budgets against various countries, I nevertheless feel I have earned the right to at least be heard.
In Malawi at age 16 and shortly after Independence there was security incidence reported by the BBC as an invasion, with tanks crossing the border. I and an American school friend were returning from climbing Kilamanjaro and were at the northern border at the time. In the early morning we heard a commotion, what had happened is that a woman was removing her luggage from the roof of a bus and accidentally tore a mattress, grenades were pouring out like sweets. Armed with 303 rifles we assisted a police officer in the arrest of a dozen French speaking commandos. That was relatively easy, more difficult, was protecting them in the cells from inflamed locals who, wanted to eliminate same at the time there were 300 roadblocks set up by villagers. Due to the rains it was some three days before the army battalion from Zomba barracks,relieved us.
In talking to the officer in charge of the commandos he related that the target was in fact Mozambique, he stated he was grateful for the way he and his men were treated and in his opinion I would make a good officer and that if I saw a particular Major in Paris in charge of recruitment for the French Foreign Legion and mention his name it would assist. He also gave me a letter of recommendation.
I believed it thus that two very ordinary young teenagers of America and Britain gave example of the UNs responsibility that sadly has been ignored to the extent of bombing civilian areas,and putting a dead or alive price on someone’s head – Gadhafi’s televised ordeal was horrific and brought my experience back, it must have had the same effect on many of us that have survived torture and violence, if that be possible.
Laterally, with a character reference from the then President of Malawi, Doctor Banda on the notepaper of the Residential palace in Zomba, signed also by his aid Maj. Grey,ret.guards, I joined the RAF.
I have worked hard to promote peace, stability, justice and development both in Malawi and Zimbabwe over the years, whilst the first world promoted trade and their brand of democracy. Eg.At local government every rate payer has a vote to choose those who will govern the expenditure of same- everyone understands this. At government level everyone has a vote, the voter tends to identify with a candidate who is in like situation thus the unemployed will lean towards a candidate who understands social services. Little wonder that there have been many cases of MP expense fraud.
Those nationals who are non resident get no vote whether they pay tax or not, in the case of UK, representing a staggering 8 million nationals/votes. If this system has led the EU and first world to economic chaos, it is only logical. But, in the Third World with 95% unemployment levels it is disastrous, it simply cant work. It were better to promote justice and an avenue of complaint thereby promoting peace.
In any event, democracy may not work without a system of justice. Justice in former colonies was always monitored by such bodies as the House of Lords, At independence the legal fraternity was also given independence from the House of Lords, and was a target for the mafia or government of the day. In Zimbabwe it became a so powerful it became a second government. Mugabe had political power, but the legal fraternity controlled economic power, they even positioned representatives on all banks and held meetings with the World Bank and IMF prior to those bodies having meetings with government. Had the Commonwealth annually chosen say three judges from within the commonwealth to travel from country to country hearing complaints monitoring justice and hearing cases between members, there would have been more peace an avenue of complaint, less loss of life.
Simply put, in large legal circles a dog eat dog system exists where, lawyers will even take on a judge for the fame and being able to charge higher legal fees. In smaller circles cliques form that rule the law society and police become ineffective. the system turns to crime and mafia, above the law, as happened in Zimbabwe. The blame for any occurrence within the country is placed on the government and the international community and human rights organisations are quick to support same, some, having vested interests. Both the Constitution and the need for an opposition party when it looked like the President would fire or suspend several Judges, the Legal Forum directly prior to the constitution effort noted same, simultaneously they were, unknown to them being discussed by the anti-corruption committee on issues of both corruption and crime.
When there is a serious clash between the government and ruling legal clique they promote a new constitution for more personal protection. I played a part in the last constitution effort. I was told my evidence was sensitive and should be given in the sanctity of the Chairman’s office. Those who complained at the adoption of a draft without noting complaints were directed to one man John Deary who said, ’please, do not rock the boat, wthe whole objective of this constitution was to protect Justice GUBBAY and McNally, they are our friends, we had to bring the hammer down fast, we couldn’t risk objection, the negotiations went up and down against the farmers and unfortunately Mugabe is in for another term but we succeeded in our objective in terms of this draft they cant be fired or suspended, unfortunately the farmers had to lose, and it went up and down but that’s life, someone has to lose’. At time I was attached to the Minister of Justices PA, and sat on the anti-corruption committee. With international pressure Zimbabwe now engages in yet another attempt at rewriting its constitution without, as before, clearly stating to the general public what is wrong with the existing constitution and simply dealing with those issues if appropriate.
In Zimbabwe, seeing a problem the government passed legislation allowing any individual to represent himself in any Zimbabwe Court. This was strongly opposed by the ruling legal fraternity.
They interpreted it as okay in the village court and Magistrates Court but in High Court it could affect the income of large law firms and expose corruption, the changing of court transcripts to avoid appeal and lawyers would have no protection. In the Court of Appeal the then Chief Justice changed the court rules to read that only a legal practitioner could set down a matter in that court.
Where the then Head of Bar, de Bourbon was a defendant in his own right and I the complainant, whilst the Judge was out of the court he said that if I objected, raised my hand or did anything as an officer of the court he would have me jailed for contempt. It was thus I was found justified in the pursuit of my complaint without a word said by me. The Judge was retired to South Africa after my case. Over the phone whilst I was ina meeting with the Dep. Ombudsman I overheard him threaten that if the Ombudsman did not back off him he would never practise law again.
A few simple questions to organisation like Amnesty International would uncover connections and why this situation remains unreported or unactioned by them. Instances of embarrassment which may have put the legal fraternity under scrutiny were covered up. The visitor from Europe who could not speak English got agitated at immigration and was held in custody. Eight or nine years later on a routine visit by a Judge to a prison he saw this man and asked why he was imprisoned – no one knew – he was simply put on a plane to Europe, a cover up effected and the subject of bar talk at the law Society.
During one case I was invited to the chambers of the Chief Justice.
He said he had decided to see me as he heard bits of what was happening in the High Court, that it was admirable that I was fighting for justice for a friend who was murdered,, the former Head of Legal Affairs. That I was a highly intelligent young man, with brilliant ideas and designs and that if I walked away from the High Court action and got on with my life he would organise unlimited money for all my projects from any bank in Zimbabwe of my choice at cost, for a year. I should regard the murder as simply a casualty of the law, I cant help him,he is dead. When I suggested that no bank would do this anyway, he got visibly annoyed and said give me the name of a bank and ill ring them now When I showed him a letter from the law society stating that it was unprofessional for any lawyer to represent me knowing what I was doing to other lawyers he said the secretary of the law society had no right to let you have sight of that letter. He refered me to a lawyer in South Africa the son of a former Judge.
I attended that meeting where I was met by a senior lawyer with a legal assistant, the outcome after viewing the evidence was that he stated, the Head of Bar, should be held responsible for everything and that a case would be opened at the law society where he would be suspended for three years. I commented that he was not the kind of individual to take that lying down and he said that I would find that he would. I asked what about the murder and he angrily said I have said he was responsible for everything. I left and said I couldn’t accept three years suspension for murder and that it was regarded as unprofessional conduct. He said leave your documents here and ill go over them again and see if I reconsider. I walked out with my evidence.
I placed my account on the web www.zimrights.com/justice and a few weeks after was followed in my vehicle to a service station where there was an assassination/execution attempt whilst filling my vehicle with fuel at a garage. I was held hands and feet at gunpoint across the front seat of my vehicle and beaten repeatedly over the head and face with an iron bar. There was no theft, I was allowed to put all my money into my pocket prior to the attack and only my prescription spectacles and cellphone were taken, presumably for id purposes. Im note sure whether the trauma of the attack was worse than the recovery, if one ever recovers. People staring at my plastercast face, losing my sight and having to wait a year for brain damage to heal before they could operate. Not being able to control tears which appeared without notice or reason but, most embarrassing. Having been previously told by a personal friend, company secretary of a public company that my name was brought up at board meeting, that de Bourbon had said that if he goes down he will not go down alone, he has confidential information on many companies including foreign currency transactions. He said I would not live to take him to court. Seeing the writing on the wall so to speak I fortunately managed to convince a close friend researching Zimbabwe, currently, a research economist to the UN, to go back to the Netherlands, failing that, she would have been with me in my vehicle and as a witness anything could have happened. It s the one thing that I am thankful for.
Police, homicide to date still have Justice Gubbay, the then Chief Justice, and Advocate de Bourbon, the then Head of Ba, as the key suspects in an attempted murder case. Police said the way New Years Eve was chosen was a sort of sick message,’ New years resolution’’..
I spoke with Michael Auret, at the time running the Catholic Commission for Peace and Justice who said he was in a conflict situation, they were being sued and de Bourbon had promised him a win in court.
He said you realise we are discussing the death wing of a ‘catholic hospital’ and, was the sister in charge a nun. I replied she dressed like a normal sister and he said that is a bit better, I also related that she said she did this on instruction and she said someone should have told her he was supposed to live, that all patients there were supposed to die. He said he would put a stop to it happening in the future and the St Anns Hospital was sold.
Auret laterally became an Opposition MP. There was never any denial from the legal fraternity or anyone that these were anything else but murders and in my friends case a junior advocate sat at his bedside to ensure it was done, and while it was done, now resident in South Africa. The doctor involved, a seemingly fit man died suddenly when police started investigations. Whilst I was only witness to the murder of my friend, from comments made by the sister in charge I believe 25 at a time were being put to death for varying reasons. Not for any crime but because they were a problem in one way or another to those in charge. In my friends case he was given a morphine cocktail whilst in for routine tests. I believe de Bourbon felt he was a threat because he was honest, due to the respect many had for him and, his contacts, being the former Head of Legal Affairs.
What I would like to see is the removal of sanctions against Zimbabwe( inappropriate with a GNU coalition government, and unacceptable if applied on BRITAIN and the US – applying sanctions until there is a regime change in any foreign country) and a stop made to the local funding by Britain and the US into local regime change politics promoting violence and borderline terrorism and/ or preferably a transfer funds to the founding of a local public law library, funding for pro bonus lawyers with expertise as opposed to someone straight from university. Not just present them with a politician of first world choice whose party has in the case of the city of Harare raised their salaries above the national average to the point there are no funds left to carry out work. Increasing salaries and perks, looting has been their only achievement – be thankful you don’t have to live with your choice.
An invitation to Zimbabwe to rejoin the Commonwealth revisiting the situation where commonwealth observers found an election acceptable and Britain and Australia decided it wasn’t and to put pressure on Nigeria and South Africa to see it their way. In such a situation on democratic principal. Zimbabwe had no choice but to resign. How may one speak in any parliament including Britain about applying financial pressure to bear on a committee member to vote their way on a democratic principal? Should Zimbabwe rejoin the door would be open for dialogue and for the Commonwealth to improve by supporting and promoting Justice. Had there been a Commonwealth Court of three Judges the above would not have occurred in the first place.
Democracy may not exist without justice, an avenue of complaint.
Thank you for your patience and for reading the above,
Yours faithfully,
John Holland
WWW.ZIMRIGHTS.COM JUSTICE
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