Government has raised concern over a surprise stance taken
by the Law Society of Zimbabwe (LSZ) to “posture and defend” some of its
members who could be mired in corruption even before due process takes its course.
In a letter to LSZ executive secretary Mr Edward Mapara, a
copy of which was seen by The Herald, the Permanent Secretary in the Ministry
of Information, Publicity and Broadcasting Services Mr Nick Mangwana said, like
any member of society, lawyers should also be subjected to scrutiny, which is a
common process among citizens that does not amount to victimisation.
This comes after seemingly innocuous comments Mr Mangwana
made on micro-blogging site Twitter, that the country has “a coterie of very
corrupt lawyers who buy out investigating officers, prosecutors, magistrates
and judges”, triggered a defensive response from the LSZ.
In a letter to Mr Mangwana, Mr Mapara said they would want
to discipline their own members if they are involved in corruption.
“The Law Society of Zimbabwe regulates the conduct of legal
practitioners and is keen to discipline any of its members who might be
involved in corrupt dealings. Your tweet was clear, you are speaking based on
facts. We therefore, call upon you to kindly share with us the evidence that
you have against our members to enable us to undertake our own investigations,”
read the letter written by Mr Mapara in part.
But in response to the Law Society letter, the Permanent
Secretary said he would not avail any evidence of impropriety among lawyers to
the LSZ of Zimbabwe “because of the criminal nature of those allegations” that
are being handled by the relevant cogs of the country’s justice delivery
system.
And unfazed by attempts by the LSZ to insulate its members
from public scrutiny, Mr Mangwana said the long arm of the law does not respect
“egos” or societal stations of people who dabble in the vile vice.
“I found your letter quite defensive. Corruption is a
societal problem of which the legal profession is not immune. In fact, the
legal profession has its own rotten apples in its midst hence the use of the
term “coterie” in my tweet. The Law Society should also not try to insulate
itself from fair commentary on corruption and malfeasance does not wait for a
conviction to be uttered.
“Your letter has a tone which seems to advocate for
impunity within the legal fraternity, a notion I find objectionable,” said Mr
Mangwana.
Although Mr Mangwana did not mention any lawyer in his
microblog, the LSZ appeared to suggest in its letter to him that he did not
observe the principle of “innocent until proven guilty”.
However, Mr Mangwana said he did not specify any individual
but just made a comment on the pervasiveness of corruption in the legal
profession.
“May I point out that in this case there is no particular
lawyer that was cited in my microblog. Therefore, the principle of innocent
until proven guilty is not applicable to a whole profession, but to an
individual.
“We cannot say, for example, nobody should accuse
politicians of being corrupt until they have so proved. While legal
practitioners are officers of court, they are also human beings with the same
flaws of avarice and corruption like everybody else regardless of profession,”
said Mr Mangwana.
With the Government on a mission to stamp out corruption by
arresting those involved, regardless of their societal station, Mr Mangwana
said the anti-graft crusade will reach all corners of society, including
investigating members of the law profession who might be involved in
questionable deals that compromise the justice delivery system.
“If lawyers are suspected of criminal impropriety they will
be subjected to investigations and arrests like any other member of society. In
fact, their moral responsibility, therefore blameworthiness is expected to be
much higher than those who are not in the legal profession. May I suggest that
Law Society stops posturing and allow due process to take place.
“May I take this opportunity to assure you that I am quite
aware of the weight that my words carry because of the office I sit in.
“I therefore don’t take lightly any commentary I make, it
is in this context that I believe public interest in the fight against
corruption trumps any bruised ego of a professional body which is inclined to
ring fence itself from fair criticism,” said Mr Mangwana.
President Mnangagwa has repeatedly raised his concerns over
the extent to which corruption is embedded in the country, including in
institutions that are supposed to flush out the vice.
The Second Republic has made uprooting corruption one of
its key missions.
To speed up the fight against the vice, the New
Dispensation has toothed the Zimbabwe Anti-Corruption Commission (ZACC) with
arresting powers.
Apart from that, President Mnangagwa has also established a
Special Anti-Corruption Unit that is housed in the Office of the President and
Cabinet, and is meant to improve efficiency in the fight against all forms of
graft and to strengthen the effectiveness of national mechanisms for the
prevention of corruption. Herald
0 comments:
Post a Comment