The US$400 000 “housing loans” awarded to judges by President Emmerson Mnangagwa’s government have been described by lawyers as “bribes”.
<a href="https://www.zimlive.com/judges-get-us400k-loans-lawyers-say-payments-are-bribes/">ZimLive</a> reported that the judges were not required to sign loan agreements.
The huge payout for judges follows similar payments to Central Intelligence Organisation directors (US$350 000), MPs (US$40 000) and cabinet ministers (US$500 000). A lawyer who spoke to ZimLive said:
<blockquote>
Judges’ conditions of service are constitutionally established. These loans are not part of them.
The fact that this is also coming in an election year has the odour of a bribe.
Giving judges more than they are entitled to is just as bad as giving them less than is due to them. Either way, their independence is interfered with.
They can get a pay rise. And when they do, it must be in terms of an accountable and public process.
Who gets a pay rise in the form of a house? A bribe is far from a pay rise.
</blockquote>
The judiciary plays an important role in resolving post-election disputes and political analysts say this year’s elections could be close and disputes are likely to spill over to the courts.
Judicial Service Commission (JSC) secretary Walter Chikwana said he was off duty and was not able to comment when contacted by ZimLive.
In 2021, three High Court judges ruled that Chief Justice Luke Malaba’s term had legally terminated after he turned 70.
However, Mnangagwa pushed through constitutional amendments to keep him in the position for a further five years.
Malaba was Zimbabwe’s Chief Justice when the Constitutional Court confirmed Mnangagwa’s controversial victory in the 2018 presidential election.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

US$400 000 Housing Loans For Judges Are "Bribes" - Lawyers

The Government has reportedly awarded US$400 000 housing loans to all judges in the country, two months before elections.
<a href="https://nehandaradio.com/2023/06/06/mnangagwa-awards-us400k-loans-to-judges-3-months-before-elections/">Nehanda Radio</a> reported a source as saying that the Chief Justice, Luke Malaba and his deputy Elizabeth Gwaunza have already been allocated their benefits. Said the source:
<blockquote>
It’s US$400 000 per judge. Started off as something for the CJ (Chief Justice) and the DCJ (Deputy Chief Justice). Now going to other judges.
</blockquote>
Last week, President Emmerson Mnangagwa declared 23 August as the day for the harmonised elections and 2 October 2023 as the date for the run-off/re-run if it becomes necessary.
Speaking to Nehanda Radio, political commentator Pride Mkono questioned the timing of the loans considering that the judiciary plays an important role in resolving post-election disputes. Said Mukono:
<blockquote>
So, the issue of judges getting perks as high as US$400 000 for purchasing houses and other properties raises a lot of concerns about their professional conduct and independent standing as the judiciary especially when it comes at a time when they are expected to be presiding over a critical process such as the nomination court and possible petitions post 23 August general election.
While the idea of improving the welfare of government workers is an important and ideal situation, it must not be done in a manner that exposes judges to political posturing and pork-barrelling.
They must be allowed to do their work professionally and independently and pay raises should be done in a professional and transparent manner without having political undertones.
Zimbabweans are right to fear that this has the potential of violating the Constitution, especially the principles around the independence of the judiciary.
</blockquote>
Another political commentator who preferred anonymity told Nehanda Radio said the housing loans show that the judiciary is captured. Said the commentator:
<blockquote>
This is once again a clear demonstration that the judiciary in this country is now captured.
It is no longer serving its purpose of being an impartial adjudicator of issues, particularly where politics is involved.
It began with the amendment of the Constitution to allow only one person, which is the President, to appoint, when Zimbabweans had indicated that when it comes to judges they had wanted the Parliament to be involved because the judiciary would be impartial.
So, this situation clearly demonstrates that Zimbabwe is headed in the wrong direction and those that are presiding over this know that they are responsible and that the people will reject them come August 2023.
Therefore, they have decided to buy themselves into power by making this decision to ensure that in either outcome; if the outcome is contested in court, the judges will actually prefer to support them.
</blockquote>
Last year, the Government awarded Members of Parliament US$40 000 each, and Cabinet Ministers US$500 000 each, funded by taxpayers for houses.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa Awards US$400 000 Housing Loans To Judges | Report

A Citizen Coalition for Change (CCC) Member of Parliament has distanced himself from the controversial US$40 000 loans offered to lawmakers by the government.
Addressing residents at a recently held community engagement meeting at Moffat Hall in Sakubva, Innocent Gonese, who represents Mutare Central in the National Assembly, said he doesn’t know anything about the loans. Said Gonese:
<blockquote>
The issue of government loans has been topical of late. The truth of the matter is that I haven’t seen any money and I don’t know about anything concerning the US$40 000 housing loan.
As you all know, I am a steadfast CCC member and as a party, we will sit down and discuss on the issue because I don’t want to be caught offside.
After coming up with a conclusion, we will come up with a statement that will be delivered to the public.
</blockquote>
Recent media reports indicate that MPs were offered US$40 000 housing loans with Ministers being offered US$500 000 and their deputies getting US$350 000.
CCC leader Nelson Chamisa said that the loans were a bribe and warned his MPs not to “drink from the poisoned chalice” as they will face the wrath of voters.
However, CCC Chief Whip in Parliament Prosper Mutseyami said the loan was not a donation but “a genuine part of the MPs’ welfare.” | <a href="https://tellzim.com/mp-gonese-distances-self-from-us-40k-govt-loan/">TellZim News</a>

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