A constitutional crisis is looming in Zimbabwe following yesterday's announcement by the Chief Justice, Mr Anthony Gubbay, that he is to defy a government order to resign today.
In a statement Mr Gubbay said he would "oppose the unlawful demand" to vacate his chambers, issued by the Minister for Justice yesterday, and would "reconsider" his earlier commitment to retire in June.
Reacting to the statement, the Information Minister, Mr Jonathan Moyo, said Mr Gubbay will be removed from his position regardless: "He will not be chief justice after midnight on February 28th." If he turns up for work tomorrow "the law will take its course", Mr Moyo said. "If someone sits down in the middle of the road and refuses to move, the traffic will not stop."
Earlier this month Mr Gubbay (68) announced his retirement after the government said it could "no longer guarantee his safety". He undertook to go on leave tomorrow and retire on June 30th. But yesterday's government announcement that he would be dismissed with immediate effect prompted a change of heart.
"I think they pushed him too far and now he has decided to fight back," said Mr Adrian de Bourbon, chairman of the Bar Council.
The defiance of the five Supreme Court judges has created an unprecedented stand-off in Zimbabwe. Two of the remaining judges - one white, one Asian - have also refused government calls to stand down.
Legal experts say it will be constitutionally difficult to force the remaining judges to quit without a compliant chief justice.
Embattled opposition politicians welcomed yesterday's announcement. "It is excellent news. He is a brave man," said Michael Auret, a Harare MP for the Movement for Democratic Change.
"If we have to choose between a judge with a Rhodesian past and those from the liberation struggle, there is no question. We will choose the latter," Mr Moyo said last night.