Zimbabwe judge defies deadline

The government has rejected several court decisions

Zimbabwe's chief justice went to work on Thursday in defiance of government orders to stand down, but the authorities did not, as threatened, move to eject him from his office.

Justice Anthony Gubbay arrived at the Supreme Court near parliament in the morning, driving his official silver Mercedes Benz.

Gubbay: Reconsidered earlier decision to retire

The justice minister, Patrick Chinamasa, intensifying a campaign to oust judges who have ruled against the government, had given Mr Gubbay until midnight (2200 GMT) on Wednesday to leave his office.

A Supreme Court official said Mr Gubbay had worked until midday and was expected back on Friday morning.

Information Minister Jonathan Moyo said earlier this week that officers of the state would be sent to remove Mr Gubbay from his office if he did not leave.

Speaking to police recruits on Thursday, Mr Moyo said: "The government would like to handle this matter in a humane way."

The justice minister has said he would appoint Judge Godfrey Chidyausiku - a supporter of the ruling Zanu-PF party - as the new chief justice - prompting fears of a constitutional crisis with two rival chief justices.

During Thursday morning, Joseph Chinotimba, a ruling party militant who led the storming of the Supreme Court in November by war veterans in a protest against judges arrived at the courthouse.

He asked whether Mr Gubbay was in before driving away.

Government anger

The government says the country's top judges - many of whom are white - favour the opposition and the white minority population.

Farm occupations brought the government into conflict with the courts

The Supreme Court has made several rulings against the government on the question of land reform and electoral laws which have provoked the wrath of the authorities.

The government believes that if it can change the composition of the Supreme Court, it will have a free hand to pursue its programme of land reform and possibly to pass favourable laws in the run-up to presidential elections due next year.

In terms of Zimbabwe's constitution, judges are appointed by the president but can only be fired by a special tribunal if they are found guilty of misconduct.

That could be a lengthy process, and the tribunal may find that Mr Gubbay and the other judges have done nothing wrong.

Judge Gubbay is believed to have the support of most of Zimbabwe's lawyers, who are concerned by a move that they see as undermining the independence of the judiciary.

Reconsidered resignation

Earlier this month, Mr Gubbay was visited by the justice minister and told to quit amid threats of violence against judges from government supporters.

Mr Gubbay agreed to step down at the end of June after a period of extended leave.

However, two of his colleagues resisted the pressure to resign, and Mr Gubbay seems to have been bolstered by the stand taken by lawyers and by his fellow judges.

As well as deciding not to take immediate leave as planned, Mr Gubbay is also believed now to be reconsidering taking early retirement.

At the weekend, South African President Thabo Mbeki said the attacks on Zimbabwe's judiciary and press were "matters of very serious concern" and he said he planned to meet President Robert Mugabe soon.