Special courts have been set up in areas hardest hit by
machete gangs, while those for corruption cases will soon be ready.
This comes as judges have already been appointed, with
assistance sought from Uganda to ensure investigators and prosecutors of
corruption meet the required standards.
Speaking at the opening of the 2020 Legal Year yesterday,
Chief Justice Luke Malaba said special courts have been set up countrywide to
deal specifically with organised machete gang attackers that are terrorising
citizens, especially in gold mining areas, and show the Judiciary had capacity
to fight crime and enforce the law.
The specialised courts are expected to clamp down speedily
and decisively on the machete gang menace following grisly murders, including
that of a Kadoma police officer, robberies and vicious assaults.
Machete gangs have become a major force in gold-rich mining
towns like Kwekwe, Kadoma, Bindura and Chegutu, where they are killing and
sexually abusing gold miners and civilians. They have also moved into some towns and cities.
Chief Justice Malaba strongly warned rogue elements behind
the wave of machete and knife violence.
“As we speak, the country is gripped by another spate of
violence perpetrated by the so-called machete gangs,” he said.
“The Judiciary acknowledges the work being undertaken by
law enforcement agencies in bringing perpetrators of that violence to book.
“May I assure the nation that the courts stand ready to
decisively deal with those accused of these offences in accordance with the
law. Special courts to specifically try the cases have been set up in all
affected areas across the country. I call upon all stakeholders in the
administration of justice to make concerted efforts to end this problem.”
Chief Justice Malaba said institutions mandated to protect
citizens could not sit back and watch while a few rogue elements terrorised the
nation for their selfish benefits.
“We hear stories of callous murders of ordinary Zimbabweans
and law enforcement agents,” he said.
“Citizens’ rights of freedom of movement, freedom to
conduct their affairs without fear and freedom of association are being
violated with impunity by the gangsters. The organised terror gangs have the
potential to create anarchy if they are not quickly neutralised.
Turning to corruption, Chief Justice Malaba said the fight
against corruption continued to gain traction and will be a major part of the
court system’s agenda this year. A decision has since been made to establish
specialised anti-corruption courts at a higher level.
At present, courtrooms for the anti-graft crusade are under
renovation and judges have been appointed in Harare and Bulawayo.
Chief Justice Malaba said after noting the strides that
other jurisdictions have made in setting up similar courts, he has approached
his Ugandan counterpart seeking assistance in the professional development of
local judicial officers.
Uganda has been running specialised anti-corruption courts
for the last 10 years, which have done well in the adjudication of corruption-related
cases.
Chief Justice Malaba said a judge in charge of the Uganda
anti-corruption courts will be coming to Zimbabwe before end of this month to
share Uganda’s experiences with local judges and magistrates.
“We have also requested the same judge to interact with
other players in the justice sector, such as the National Prosecuting Authority
(NPA), the Zimbabwe Anti-Corruption Commission (ZACC) and the Zimbabwe Republic
Police (ZRP).”
Chief Justice Malaba said members of the public should participate
in the fight against corruption. Investigators and arresting officers must
continue to sharpen their skills and make thorough investigations before
arresting corruption suspects and taking them to court.
He criticised the prosecution for bringing to court
half-baked cases, resulting in the Judiciary being accused of not playing its
part in the corruption fight.
“Weak prosecution cases must not be brought to court. They
only serve to frustrate the ends of justice because the suspects end up being released
at court for want of prosecution.
“That scenario lends credence to the notorious accusations
of ‘catch and release’ coined by some sections of society. The NPA must be
careful, conscientious and professional in executing its constitutional mandate
of prosecuting criminal matters in courts.”
The NPA had to advise the investigating arms of the State,
such as ZRP and ZACC, on the strength of evidence required in each criminal
case, he said.
“If the NPA abdicates this crucial responsibility, the failure
will serve to bring the administration of justice into disrepute as
inconclusive evidence will be presented before the courts,” he said.
Chief Justice Malaba said the courts remained the last leg
in the corruption fight. President Mnangagwa has declared zero tolerance to
corruption in all spheres of life, to ensure the cost of doing business
declines. Herald
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