CHIEF Justice Luke Malaba has dismissed as false and
unfounded, allegations that Zimbabwe’s Judiciary is “captured”, especially in
handling cases related to violent protests that were witnessed recently.
He urged those not happy with court decisions to challenge
them through the legal route. He said petitions or other extra-judicial avenues
will not help the legal practitioners or anyone not satisfied with court
decisions.
Chief Justice Malaba said petitioning him or the Judicial
Service Commission (JSC) to intervene in decisions made by judicial officers
was tantamount to interfering with the discretion and independence of those
officers.
His remarks came as lawyers, most of them pro-opposition
and sympathetic to violent protesters that are currently appearing in court, on
Wednesday staged a demonstration in Harare.
Fronted by some known anti-Government lawyer-activists,
they accused magistrates presiding over cases involving suspects arrested for
violence of bias or acting under instructions to jail them.
They handed over a petition, which was signed by 119
lawyers, to the Chief Justice.
At least 1 055 people have appeared in court for looting,
public violence arson, malicious damage to property, assault and murder, among
other crimes.
In the petition, the lawyers complained of dismissal of
preliminary challenges, denial of bail to some suspects and “fast-tracking” of
trials.
JSC Acting Secretary Mr Walter Chikwana, on behalf of Chief
Justice Malaba, issued a statement dismissing the claims saying the courts were
not under any form of influence.
“The allegations that the Judiciary is acting under capture
of an external force remain unfounded, baseless and unsubstantiated.
“In the meeting held on 22 January 2019, the Chief Justice
gave the Law Society of Zimbabwe (LSZ) his assurance that no directive or
instruction was given by himself or the JSC to magistrates to dispose of cases
before them in a particular manner. He maintains this position,” said Mr
Chikwana.
He said the Chief Justice rarely commented on criticism of
the justice system, but the present accusations raised by the LSZ were serious
and consequential.
“The accusation that magistrates countrywide were acting
under some form of directive or instructions to influence their decisions is
extremely consequential.
“The Judiciary cannot take it lightly. All courts in the
country and all judicial agents within those courts, must never be interfered
with in the dispensation of justice.
“The Constitution demands it,” said Mr Chikwana.
The Chief Justice said the idea of fast-track courts was
necessary under the circumstances and that it was an international practice
that is not peculiar to Zimbabwe.
“The Chief Justice reminds all and sundry that all judicial
officers are required by Section 164(1) of the Constitution to dispense justice
expeditiously.
“In doing so, all due process must be followed and rights
of accused persons respected,” reads the statement.
“The Zimbabwean courts are not, by undertaking expeditious
trials, reinventing the wheel. Such trials are common phenomenon across the
world in cases involving violence.
“For instance, in England after the 2011 riots, more than 3
000 people were arrested with 1 500 being arraigned before the courts.
“Their trials were fast-tracked. Courts were in session 24
hours until the cases were completed.
“Even juveniles caught up in the riots underwent trial,”
said Chief Justice Malaba. He insisted on the speedy trial of all accused persons
without fear or favour in terms of the law.
“The Chief Justice maintains his position that where
suspects are arrested and brought to court, they are entitled to a speedy
trial.
“Fast-track trials must, in fact, be the norm, and not a
curious exception.”
Out of 146 people who were tried in court countrywide, 66
were acquitted while 80 were convicted, a development the Chief Justice said
showed the impartiality of the courts.
The statistics, the Chief Justice said, confirms that only
the guilty ones were being convicted while the innocent would be acquitted.
To that end, the Chief Justice called for speedy trials to
ensure the innocent are acquitted timeously while the guilty are punished
accordingly. Herald
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