Demand that Magistrate Dzuze respects the law!
http://www.sokwanele.com/thisiszimbabwe/
January 29th, 2010
Farmers in Chipinge have been having a terrible time in recent days. SW Radio Africa reported yesterday that two farmers, Dawie Joubert and the ex-President of the CFU, Trevor Gifford, were arrested yesterday for
apparently being ‘in contempt of court’. SWRA reported that the men had been going to the assistance of four other farmers – Algernon Taffs, Mr Z.F Joubert (Dawie Joubert’s father), Mike Odendaal and Mike Jahme – who were all convicted for refusing to leave their properties. (The full details affecting these farmers on SWRA).
We have just been advised that Trevor Gifford, who is in his 70s, and Dawie Joubert are now facing the weekend in a Mutare cell, after a court case organised from Chipinge failed to take place today because there was no magistrate available to hear their case. The CFU’s current president, Deon Theron, told SWRA yesterday that lawyers in the Chipinge area were refusing to take the case, and that they were also battling to find legal
representation for the men.
In fact, both men should not be imprisoned at all.
A last minute stay of eviction was granted by the High Court on Wednesday after an urgent application was filed by the farmers’ legal representatives shortly after their sentencing. The High Court ruled that they could remain on their properties until the appeal against their conviction and sentences were concluded. But Magistrate Dzuze on Thursday refused to recognise the High Court order and is being accused of ‘grossly exceeding his jurisdiction.’ Joubert and Gifford had tried to deliver a letter to Dzuze clarifying the High Court’s position, but the Magistrate instead responded by ordering their arrest (via SWRA).
Sources told us yesterday that the real reason for Magistrate Dzuze’s zeal is because he is lined up to be a beneficiary of Trevor Gifford’s farm. Dzuze’s position of power affords him the opportunity to ignore the rule of
law, and use it to achieve his own personal objectives. His actions make a total mockery of any principle of justice, and reveal him to be unfit for his job.
TAKE ACTION:
Please call or sms Magistrate Dzuze on +263 91-2529099 and tell him that his actions are vindictive and shocking. Tell him you are horrified that he would imprison anyone, let alone an elderly man, in one of Zimbabwe’s hellish prisons on such a spurious charge. Advise him that you are aware of why he is doing this and that he has disgraced himself and his profession.
Ask him to respect the importance of his judicial role in a civilised society, and to set a standard for the rest of Zimbabwe. Ask him to do the right thing, which is to release the men immediately and to respect and uphold the High Court rulings.