High Court says tribunal properly constituted

High Court says tribunal properly constituted

JUSTICE PARADZA

By Staff Reporter
08/04/04
A ZIMBABWEAN High Court judge has thrown out an application for an interdict to stop tribunal hearings by suspended judge, Benjamin Paradza until the Supreme Court hears a constitutional challenge.

Paradza is due to face an international tribunal over accusations of trying to influence another judge to reach a favourable judgement in a case involving one of his business associates.

Defence lawyers filed an application challenging the constitutionality of the tribunal and the presidential advice with the Supreme Court. Justice Paradza was also challenging the method used by the state to gather the evidence that the tribunal is set to use.

But Justice Lavender Makoni on Thursday dismissed the application to stop the tribunal’s hearings until the Supreme Court hears Justice Paradza’s challenge of the composition of the tribunal.

Justice Paradza was arguing the three-member panel of judges set to sit on the tribunal should have been appointed by President Mugabe. However, in this case, he said, Mugabe had taken advice from other people.

Paradza's lawyers said correspondence between Justice Minister Patrick Chinamasa and the governments of Malawi, Zambia and Tanzania showed that the minister had exercised the powers of the President in appointing the tribunal, which they aver was unconstitutional.

Paradza's attorney, Advocate Matinenga said he would file a notice of appeal to the Supreme Court next week against Justice Makoni’s ruling.

The application threatens the hearing of the case by a three-member team of Supreme Court judges from Zambia, Tanzania and Malawi.

The tribunal, which was sworn in by Mugabe two weeks ago started work last Monday at the Sheraton Hotel, albeit in camera which Paradza's lawyers immediately challenged. The lawyers led by Jonathan Samkange also expressed disquiet over the manner of the appointment of the tribunal led by Justice Dennis Kamoni Chirwa of Zambia.

The other two jurists are Justices John Mroso and Isaac Mtambo of Tanzania and Malawi respectively.

Court documents show President Mugabe originally (February 12) issued the advice that the case should "not be held in public". However, Mugabe has now amended the advice to ensure the trial is open to the public.

The state's evidence-in-chief is a transcript of a taped conversation between Paradza and another High Court judge, Justice Mafios Cheda.

Paradza would also like to challenge the secret recording of the conversation with Cheda, which he said infringed on his rights as it was "unconstitutionally obtained".

In the recording Paradza allegedly sought to influence Cheda to make a ruling on his business partner Russell Labuschagne whose passport had been seized by the state as part of bail conditions in a murder trial.

The state alleges that Paradza wanted Cheda to alter Labuschag-ne's bail conditions so that he could get his passport back and travel to Europe where he was set to collect hunters for a safari.
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