Back to Index

The Legal Monitor - Issue 18
Zimbabwe Lawyers for Human Rights (ZLHR)
October 26, 2009

Download this article
- Acrobat PDF version (957KB)
If you do not have the free Acrobat reader on your computer, download it from the Adobe website by clicking here.

AG harbours fugitive prosecutor

A State prosecutor fled court after being slapped with a five-day prison sentence, and in a textbook case of abuse of office, sought sanctuary at Attorney General's (AG) offices.

Prison officers failed to keep pace with Chitungwiza area public prosecutor Andrew Kumire, who bolted out of court soon after Harare Magistrate Chiwoniso Mutongi condemned him to the cells on contempt of court charges.

Magistrate Mutongi ordered Kumire to be imprisoned for banging his hand on a desk and clicking his tongue in protest against an unfavourable ruling.

Kumire was prosecuting in the trial of prominent human rights lawyer Alec Muchadehama, who, ironically, is charged with contempt of court for allegedly facilitating the improper release from prison of a freelance journalist and two senior Movement for Democratic Change (MDC) officials.

Looking unmoved by his imprisonment, Kumire stunned officials when he walked out of the court room before prison guards could take him to serve his sentence.

Kumire fled to the AG's Offices in the company of law officer Austin Muzivi and Detective Inspector Henry Sostein Dowa, the investigating officer in Muchadehama's case.

Prison guards later tracked Kumire and forced him to return to court, where he was briefly detained before being granted US$30 bail. Muchadehema's lawyer Beatrice Mtetwa said Kumire's case showed how the law was still applied selectively.

"I have no doubt that if a member of the defence team had been in Mr Kumire's shoes, Mr Mishrod Guvamombe, (Harare Provincial Magistrate) would not have intervened and the prison officers would not have allowed such a person to leave the court building and any successful bail application would have met an invocation of the now notorious Section 121 of the Criminal Procedure and Evidence Act," said Mtetwa.

Mtetwa said she was disturbed by the conduct of Magistrate Guvamombe who asked junior court officials to compile reports about Magistrate Mutongi's "conduct". This is in violation of international guidelines such as the UN Basic Principles on the Independence of the Judiciary, ACHPR Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the Harare Commonwealth Declaration and the Commonwealth (Latimer House) Principles on the Three Branches of Government.

Magistrate Guvamombe reportedly defended his actions as meant to "assist" Magistrate Mutongi to avoid being arrested for "criminal abuse of office" as indications were that "they" wanted to arrest her.

Mtetwa said it had become routine for the AG's representatives to treat Magistrates with disdain and contempt due to the atmosphere of fear that now existed within the criminal justice system.

Download the full document

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