Retired Army Brigadier General Dr David Chiweza is demanding a constitutional review of the country’s judicial system which he feels is prone to manipulation after being left homeless by two Supreme Court judgements over ‘judge and lawyer mistakes’ that denied him his constitutionally guaranteed right to justice.
In a hard-hitting review of his cases, Chiweza feels the judicial system has yawning loopholes that the rich and politically connected exploit to circumvent justice.
This comes after he lost two houses valued at nearly US$1 Million, in two successive working days, to Nicholas Van Hoogstraten’s Divvyland Investments businessman and Zanu PF secretary for legal affairs Paul Mangwana on November 5 and 8 consecutively.
In a scathing statement, Chiweza said the Supreme Court allowed itself to be used to perpetrate an injustice.
“It is unjust to use the justice system to wriggle out of personal obligations let alone to deprive others of their rights.
“It is unjust for the justice system to be willing partners in delivering the fruit of injustice. This cannot be justice but corruption,” he said.
He added that while he had succeeded in proving his right to the properties several times in terms of substantive law in the High court, the Supreme Court gave them away in “controversial procedural law judgments” that he now wants tested for constitutional legitimacy.
“On the merits of my cases, I successfully defended my interests seven times in the High Court of Zimbabwe, once in the Labour Court, once in an Arbitration Tribunal and once in the Supreme Court of Zimbabwe.
“I proved my rights in these courts and my nemesis’ lies failed.
“Justice was therefore served on the merits by the lower courts and I was similarly sure that it would be served in the Supreme Court.
“However, the Supreme Court judgments of 5 and 8 November 2021 (SC 250/19 and SC 33/21) have compelled me to raise some important national issues affecting our constitutional and justice system today,” said Chiweza.
The retired top soldier cum businessman further argued that the burden of judicial process mistakes cannot be imputed on an individual’s right to justice.
“My argument for examination and rethink is that judges and lawyers are part of the justice system. In the constitutional declaration of the right to justice, these entities were not enjoined to a person’s rights to justice.
“These are entities whose knowledge and action one has no control over yet their actions and failures determine the success or failure of litigation and likewise, an individual’s justice.
“…It was the permissible technical errors attributed to a judge or a lawyer that were exploited.”
Chiweza said unlike the right to liberty, which is waived on some circumstances – albeit for a greater good, the constitutional right to justice is not qualified.
“As such, judicial process mistakes ought not nullify anyone’s right to justice.
“Our constitution does not give exceptions to the right to justice and yet we have judge and lawyer errors giving such unconstitutional exceptions. Where, in the constitution, does a judge or lawyer mistake override my right to justice?,” he said.
