|
Back to Index
Arrest
of magistrate, public prosecutor and senior lawyer
Zimbawe Lawyers
for Human Rights (ZLHR)
January 10, 2004
On the 10th January
2004, a senior magistrate of Harare Mrs. Caroline Chigumira together with
a public prosecutor from Harare Magistrates Court Mrs. Blessing Gorejena-Chinawa
and a very senior Harare lawyer Mr. Wilson Manase were arrested and detained
by members of the Zimbabwe Republic Police. Mrs. Chigumira, a magistrate
of 15 years service was arrested at her office in a manner that reminds
us of the arrest of Justice Benjamin Paradza in February last year. Preliminary
investigations by Zimbabwe Lawyers for Human Rights (ZLHR) show that the
three were arrested and detained merely for doing their job in a manner,
which caused dissatisfaction to some elements within the state.
Initially the magistrate
and the public prosecutor were apparently charged with obstructing the
course of justice in that the public prosecutor did not oppose a bail
application by Mr. Manase on behalf of a certain accused person, and the
Magistrate granted the bail application. Later the charges were changed
to contravening a section of the Prevention of Corruption Act in respect
of all the three legal professionals. The initial view of ZLHR is that
this is yet another case where members of the legal profession have become
subject of harassment merely for doing their job. The police seem to have
again fallen into the error of arresting first and investigating later.
As usual the timing of the arrest is consistent with the practice that
ZLHR have always condemned of arresting around the weekend in order to
maximize the possible pre trial incarceration of suspects especially in
cases were the prospects of a successful prosecution are seen as remote
as in this case.
ZLHR is particularly
concerned that these fresh arrests, which appear to be quite arbitrary,
might be seen as further attempts to compromise the independence, effectiveness
and integrity of the Courts and the justice delivery system of Zimbabwe.
ZLHR is also concerned at the impact of these arrests on the morale of
magistrates and public prosecutors who are already overworked and underpaid.
Should the magistrates and public prosecutors see this latest police conduct
as harassment and intimidation of judicial officers in order to interfere
with their independence, it might lead to many resignations which would
worsen an already serious backlog in the criminal justice delivery system.
The ability of magistrates and public prosecutors to exercise discretion
in a judicious manner will also be naturally affected in bail applications
in sensitive matters since there will always be a real chance that use
of judicial discretion in a manner that does not please the authorities
might result in arrest and incarceration of the judicial officers. ZLHR
hopes that this time around the Minister of Justice Legal and Parliamentary
Affairs Patrick Chinamasa will at least come out and reinforce his support
for the judiciary and in particular magistrates and public prosecutors
who have in recent years been subject of numerous attacks and harassment
merely for doing their job.1 It is important
that the judiciary must not only be independent, but must manifestly be
seen to be independent if it is to inspire confidence in the public.
ZLHR therefore demands
that
- This case of arrest
of members of the legal profession is dealt with expeditiously.
- The Minister of
Justice, Legal Parliamentary Affairs Patrick Chinamasa must state his
position on this perennial harassment of magistrates in particular covering
this case and that of Walter Chikwanha the Chipinge magistrate who was
assaulted in August 2002 and why the known assailants have not been
arrested and tried to date.
- The authorities
must protect the judiciary and members of the legal profession from
undue threats and harassment to guarantee the independence of the judiciary.
1 See the annual report
of ZLHR on the Operating Environment
of The Legal Profession in Zimbabwe in 2003 available on zlhr@icon.co.zw
Visit the ZLHR fact
sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|
