The number of soldiers at the National Prosecuting Authority
(NPA) has increased amid indications that civilian prosecutors are being
relegated do to minor tasks, raising fears of the militarisation of the
critical institution in the justice delivery system.
Since he took over as acting prosecutor-general last year,
Kumbirai Hodzi allegedly embarked on a purge of civilian law officers with more
than 80 of them having been relegated to the periphery and replaced them with
soldiers.
Insiders said the changes had compromised the justice
delivery system as shown by a recent controversial case involved security
agents that the NPA was allegedly trying to sweep under the carpet.
Last week Hodzi allegedly refused to prosecute a team of
security agents made up from the Military Intelligence, Central Intelligence Organisation
(CIO) and the police’s internal security who were accused of robbing a shebeen
in Harare’s Mbare suburb.
The 10-member team of the armed robbers were arrested on
Monday and spent a night at Harare Central Police Station.
However, Hodzi allegedly refused to prosecute them on the
basis that they were on a mission to deal with opposition supporters who were
accused of orchestrating violence during the Zimbabwe Congress of Trade Unions
stay away.
Police documents from Harare Central and NPA indicate that
the crew robbed Norah Kandawasvika a shebeen owner along Mangwende Street in
Mbare on February 8 while armed with assault rifles.
They took away $2 800 in bond notes and $100 hard currency
before fleeing the crime scene using a Nissan NP 300 registration, AEA 4471 and
a Datsun Go without registration numbers.
The vehicles were linked to the CIO and the police were
ready to have the matter prosecuted.
But after Kandawasvika reported the matter to the police
leading to the arrests, her husband who is believed to be a soldier was
allegedly assaulted by suspected MI operatives and is believed to be detained
at a military cell.
According to the documents, the gang included, Pride
Ziwenga, Wilson Masvayamwando, and Admire Gasva (all MI operatives), Matthews
Tshuma, Fidel Marume and Simbarashe Bwititi (CIO); Henry Banda (PISI) and
Dennis Muroyiwa (ZRP Law and Order).
A police sergeant Wellington Mushosho who was accused of
being part of the gang appeared before a Harare magistrate separately.
Sources said Hodzi indicated that the matter would proceed
by way of summons as he was shielding the security agents from publicity and
avoided exposing how the military abused civilians under the disguise of
maintaining law and order.
“Senior prosecutors are now taking orders from the guys
from the military. In fact, the trained lawyers are now concentrating on set
down of cases and vetting them only. The real work at the courts is now being
done by soldiers who do not know the law,” said a source within the NPA.
“Most prosecutors handling cases involving public violence
at Harare magistrates courts are soldiers. All matters that are sensitive are
held by this team hence the matter could not proceed.”
The NPA is a constitutional body which institutes criminal
proceedings on behalf of the state and it must be manned by trained lawyers.
For years, it had relied on police and army members to act
as prosecutors while trained law officers would focus on complicated matters
mostly at the higher courts.
The militarisation of the NPA, has strained relations
between the security personnel and civilians who are against the command-style
administration now in place at the body.
Attempts to get a comment from Hodzi failed as he was not
picking up calls and he did not respond to text message sent to him on Friday.
Justice ministry secretary Virginia Mabhiza said the
government was in the process of removing soldiers from the NPA.
“The matter is still pending at the Constitutional Court
but as government we would want the NPA to be manned by civilians,” she said.
“We would want the NPA to be demilitarised and I understand the NPA has started
doing that.”
Meanwhile, human rights lawyers have condemned the
continued secondment of the members of the military to the NPA saying such
actions destroy the administration of justice.
Prominent human rights lawyer Alec Muchadehama said they
had complained about the militarisation of state institutions and hiring of
underqualified prosecutors from the military will not help the administration
of justice.
“Some of the members of the security forces are not
qualified,” he said.
“We have been complaining about the militarisation of state
institutions and this is not good for our justice system because if we see them
in courts we start thinking the courts are now being run from the barracks.
“The prosecutor must be independent, free from any
influence. We have been complaining of selective application of law and
prosecution. Military personnel who are seconded to the NPA are easy to be
influenced.
“They cannot take orders from the NPA as opposed to their
boss and this will create a conflict of interests.”
Politician and lawyer Job Sikhala said the influx of
soldiers at the NPA was worrying as it compromised the justice delivery system.
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