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Magistrate acquitted at close of state's case
Zimbabwe Lawyers for Human Rights (ZLHR)
August 04, 2009

Zimbabwe Lawyers for Human Rights (ZLHR) welcomes the acquittal of Manicaland Acting Regional Magistrate, Livingstone Chipadza, who was facing allegations of criminal abuse of office.

Rusape Regional Magistrate, Hosiah Mujaya, acquitted Chipadza on 4 August 2009 after Chipadza's lawyer, ZLHR member Peter Makombe, applied for discharge at the close of the State's case. Mujaya said the State had failed to prove the essential element of the offence; that is, Chipadza's intention to commit the alleged crime.

Mujaya also ruled that, from the totality of evidence adduced by the State, no reasonable court could place Chipadza on his defence.

Chipadza, whose trial began on Monday 27 July 2009, was accused of deliberately sanctioning the release from remand prison of Deputy Agriculture Minister-Designate, Roy Bennett, who had been arrested in February 2009 whilst disregarding an appeal that had allegedly been filed at the Supreme Court for the purpose of showing favour to the former Chimanimani legislator. The Magistrate was arrested and detained for several days in inhuman and degrading conditions in Mutare before being released on bail.

While ZLHR feels comforted by the acquittal of Chipadza, it is imperative to state that the practice of executive persecution of judicial officers who are exercising their professional functions in terms of the law deserves the strongest condemnation and should cease forthwith.

The judiciary, as one of the three essential arms of government, must have its independence respected and protected, as stipulated in the Constitution of Zimbabwe and regional and international instruments which the state has voluntarily bound itself to uphold and enforce. The transitional government must act to ensure that adequate protection is offered to judicial officers so that they can exercise their functions without fear or favour.

With the acquittal of Magistrate Chipadza, ZLHR believes that an independent parliamentary investigation must now be immediately carried publicly to establish the individuals and institutions involved in the persecution of the judicial officer, and thereafter action should be taken promptly against those responsible so that such tactics come to an immediate end and the perpetrators of such violations know that the era of impunity in Zimbabwe is a phenomenon of the past.

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