Back to Index

Legal Monitor Issue 78
Zimbabwe Lawyers for Human Rights (ZLHR)
January 31, 2011

Download this document
- Acrobat PDF version (2.09MB)
If you do not have the free Acrobat reader on your computer, download it from the Adobe website by clicking here

Ultimatum

Oliver Mudzongachiso, the Magistrate who convicted a Minister from Prime Minister Morgan Tsvangirai's party on assault charges, has been given until this Friday by his bosses to prove that his judgment was not driven by political vendetta

Mudzongachiso, the Acting Masvingo Provincial Magistrate, allegedly bragged in public on 8 January this year that he would continue using his office to convict people he perceived as pro- Movement for Democratic Change (MDC).

Mudzongachiso in December convicted and fined Deputy Minister of Youth Development, Indigenisation and Empowerment, Hon. Tongai Matutu, $100 for allegedly assaulting Vengesai Rushwaya, Chief Serima in Masvingo province. Hon. Matutu, who is also the MP for Masvingo Urban, is appealing against both conviction and sentence.
The Magistrate now finds himself in the unfamiliar position of having to defend his conduct after he reportedly boasted during a beer drink with colleagues at Chevron Hotel in Masvingo that he was just getting started with the conviction of MDC "puppets".

"On Saturday 8 January 2011, the Learned Magistrate went for a beer drink at Chevron Hotel in Masvingo. During the beer drink the learned Magistrate uttered the following words; 'Zvimbwasungata zveMDC tino convicta. Chimwe chacho takato convicta uye tichiramba tichizvi convicta. Tiri mawar vet isu.

(We convict MDC puppets, and will continue convicting them. We have already convicted one of them. We are war veterans)'," wrote Mwonzora and Associates Legal Practitioners to the Chief Magistrate's office.

Mwonzora and Associates Legal Practitioners are representing Deputy Minister Matutu in the matter.
Acting Chief Magistrate, Hlekani Mwayera, immediately asked Mudzongachiso to respond to the allegations.

"We are in receipt of a letter of complaint against you by Messrs Mwonzora and Associates Legal Practitioners, a copy of which was sent to you. May we have your comments and response to issues raised by 4 February 2011," wrote Magistrate Mwayera to Magistrate Mudzongachiso last week.

Mwonzora and Associates Legal Practitioners said they had suspected foul play well before the Magistrate's alleged public utterances because his conduct during the trial last year was inconsistent with a Magistrate keen on justice.
"Our suspicions about improper conduct on the part of the Magistrate arose during trial when it became clear to us that the Magistrate was not reading submissions written on behalf of the accused person (Hon. Matutu).

"We later noticed that his keeping of the trial record was shoddy with the result that some key evidence favourable to the accused was not recorded. In his judgment, he never analysed or evaluated the evidence of the defence witness," wrote Mwonzora and Associates Legal Practioners.

The law firm said it had been prepared to attribute this to "simple ineptitude" on the part of the Magistrate, but Mudzongachiso's subsequent behaviour after the trial "led us to believe that he acted maliciously in this trial".

Magistrate Mudzongachiso was reportedly in the company of Masvingo Magistrate Timeon Makunde, public prosecutor Rodrick Chipembere and law officer Mirirai Shumba of the Masvingo Magistrates Court when he allegedly uttered the words. Magistrate Mwayera has also asked Shumba to give his version of events by Friday.

"The other court officials especially Mr Mirirai Shumba tried to refrain the Learned Magistrate but this was all in vain much to the disgust of members of the public present," wrote Mwonzora and Associates Legal Practitioners. "Our client is an MDC Deputy Minister. He was the person clearly referred to in the derogatory remarks of the learned Magistrate. It leaves no doubt that our client was convicted on the basis of his political affiliation. We kindly request your good offices to investigate the matter fully."

The letter was copied to the Attorney General's Office, the Registrar of the High Court and Magistrate Mudzongachiso.

Ironically, Magistrate Mudzongachiso is expected to preside over a fraud case against Hon. Douglas Mwonzora at Masvingo Magistrates Court today.

Hon. Mwonzora-the MDC MP for Nyanga Northis one of the partners at Mwonzora and Associates Legal Practitioners.

Download 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