Zimbabwe non-black judge 'quits'

President of Kenya Daniel arap Moi arrives at the CHOGM summit

HARARE, Zimbabwe -- Zimbabwe's last non-black judge on the Supreme Court, which three days ago struck down a new law seen favouring President Robert Mugabe, has quit, the official Herald newspaper reported.

Justice Minister Patrick Chinamasa told the paper that Ahmed Ebrahim, a Zimbabwean of Asian origin, was expected to leave the bench at the end of May.

The move came as African Commonwealth leaders defied Britain's call for the organisation to deliver Mugabe an ultimatum to hold free elections or face punitive action.

They decided at the Commonwealth Heads of Government meeting in Australia that no action would be taken ahead of the presidential poll on March 9-10.

"Justice Ebrahim has given notice to retire from the bench...He has not given any reasons," Chinamasa said.

MORE STORIES • Commonwealth unites against terror  • Queen opens Commonwealth meet    FOCUS Where are all the protesters?    EXTRA INFORMATION What is CHOGM     CNN.com Asia More news from our Asia edition

On Wednesday, Ebrahim led a Supreme Court bench that struck down the General Laws Amendment Act.

Among other provisions, the act amended Zimbabwe's electoral law in ways widely deemed to boost Mugabe's chances in a presidential election set for March 9-10.

The court found that parliament, dominated by Mugabe's ZANU-PF party, had improperly passed the act in January which stripped millions of Zimbabweans living abroad -- many of them white -- of voting rights.

Ebrahim, on the Supreme Court since 1990, was not available for comment.

For two years the government has accused the court of serving the interests of the white minority in rulings on Zimbabwe's thorny land policy, which has seen the seizure of white-owned farms for redistribution to landless blacks.

In early 2000 the court had five judges -- Ebrahim, two whites and two blacks. The government said its rulings reflected a "Rhodesian mentality," a reference to Zimbabwe's colonial name.

The government appointed three more black judges to the court -- raising its numbers to eight -- in what critics said was a blow to the independence of the judiciary.

Last March, the government forced white former Chief Justice Anthony Gubbay into early retirement and replaced him with a Mugabe ally. Later that year the last white judge, Nicholas McNally, also left the Supreme Court.

Meanwhile in Bulawayo Mugabe told an election rally that his worst mistake on assuming power in racists" who opposed him.

Mugabe, who faces the stiffest challenge to his 22-year grip on power in the coming poll, was speaking shortly after MDC leader Morgan Tsvangirai addressed a crowd at a stadium less than five km (three miles) away. No violence was reported at either venue.

At the CHOGM summit, African Commonwealth leaders refused Britain's call for the organisation to deliver Mugabe an ultimatum to hold free elections or face punitive action.

"That is too radical to think of right now," Ghana's President John Kufuor told reporters when asked if the Commonwealth should consider sanctions against Zimbabwe.

The official position -- that action against Mugabe had been blocked -- was summed up by Australian Foreign Minister Alexander Downer.

He told reporters: "A number of Commonwealth countries have made it clear that this issue of suspension from the councils of the Commonwealth should only be decided after the election process is completed."

Blair had argued for Zimbabwe's immediate suspension from the Commonwealth, accusing Mugabe of orchestrating a campaign of intimidation against political opponents to ensure his re-election.

Blair warned that the credibility of the Commonwealth would be badly damaged if it failed to suspend Mugabe's regime after elections in Zimbabwe scarred by violence and coercion.

Blair said: "There is a disagreement here about tactics, because some of the African countries feel it is wrong to suspend Zimbabwe at this moment.

"I think the real test for the Commonwealth is after the election, if those observers report that, as we have been reading, there has been widespread violence and intimidation. If Mr Mugabe were to win in those circumstances I think it would be essential for the Commonwealth to act and act by suspending Zimbabwe."

Zimbabwe's pro-ruling ZANU-PF party newspaper The Herald carried a banner headline on Saturday saying "Club Snubs Blair" and accused Blair of adopting "a bullying stance."

Mugabe told the paper: "ZANU-PF has never cheated in any election and unlike the MDC and their British sponsors, the ruling party does not have a culture of dishonesty."