By Dr. Masimba Mavaza | The opposition press has consistently attacked judges and the courts, eroding public trust in our judicial system. This poses a threat to our democratic foundations, as the courts are essential to upholding the Constitution and laws. Judicial decision-making should not be influenced by fear of personal attacks, and public officials must respect and enforce court decisions to maintain the separation of powers.
Retired Judge Webster Chinamhora has become a victim of baseless accusations and attacks on his judicial decisions.
A South African Doctor Dr Coetzee with his patient Rtd Judge Chinamhora.
The presumption of innocence until proven guilty is selectively applied, tarnishing not only his reputation but also the entire bench. Judges and magistrates play crucial roles in our representative democracy, yet their work often goes unrecognized and misunderstood.
During the recent War of Conquest, judges faced unprecedented criticism, and the media, along with respected lawyers, launched attacks through open letters. The Chief Justice and the Judicial Service Commission have been slow to defend judges, leaving them vulnerable to unjust assaults. It is crucial to emphasize the integrity and impartiality of judges, defending the valuable work they contribute to society.
Judge Chinamhora resigned, facing ongoing attacks even after leaving the bench. Unfounded complaints about appealed cases seem aimed at intimidating future judges. Public scrutiny of judges is acceptable but should be fair and constructive, not driven by personal or political interests.
Judges, as public officers, lack a platform to respond to attacks, making it imperative for the media to collaborate with the judiciary to explain their work to the public. Unsubstantiated remarks against judges highlight the need for a more proactive response from the Chief Justice and the Judicial Service Commission.
The distinction between legitimate criticism and abuse of judges is crucial. The JSC’s silence when judges face relentless attacks is constitutionally wrong. Judges’ decisions should not be challenged in the press; instead, individuals dissatisfied with judgments should utilize the appeals process.
In conclusion, the judiciary must be protected, and judges deserve respect for their vital role in upholding justice. Unfair criticism and attacks only undermine the integrity of the judicial system. If dissatisfied with a judgment, the proper recourse is through legal channels, not unwarranted public condemnation.
For further inquiries, please contact Dr. Masimba Mavaza at [email protected].