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Farirai Machivenyika, Harare Bureau
WITH 147 corruption cases before the courts, Zimbabwe and the judiciary are taking the fight against graft seriously, and the onus is on those gathering evidence to put together watertight cases that can secure convictions, Chief Justice Luke Malaba, said yesterday.
Officially opening the new legal year in Harare, the Chief Justice said while the courts would convict those who were proven guilty, there had to be ample evidence to support guilty verdicts and arresting and prosecuting agencies needed to move as fast as possible to gather that evidence.
Bail was a right for all accused awaiting trial, unless there were compelling reasons not to grant that, and it was this Constitutional right that saw some awaiting trial on corruption charges able to do so at home, not some misdirected policy of catch and release.
Chief Justice Malaba said he wanted all involved in the investigation of corruption and in the arrest of those suspected of the crime to move as fast as possible.
“Failure to deal with allegations of corruption in the courts may result in the loss of public confidence in the criminal justice system. It is equally important that the public is given accurate information on the matter.
“Currently there are 147 corruption related cases pending in the courts. Of these cases, 89 are either in progress or have been finalised, with 16 cases having trial dates, whilst 52 case trials have commenced. Twenty-one cases have already been finalised.
“The statistics do not indicate a country that is not taking the fight against corruption seriously. They show that arresting agents and prosecution agencies are busy at work.
“They also show that the courts are dealing with these cases actively when they are brought before them,” he said.
Contrary to perceptions in some quarters, there was no conspiracy by State agencies to release corruption accused persons under a practice called “catch and release”.
“When a person has been arrested, he or she is entitled to bail as a right unless there are compelling reasons not to grant bail. When a person accused of crime is released on bail, this is a legal and constitutionally provided process, not to be derogatively dismissed as a ‘catch and release’ procedure,” Chief Justice Malaba said.
The Constitution also guaranteed a fair criminal justice system and not one that guarantees convictions for everyone arrested even where there was no evidence.
The Chief Justice implored institutions in the criminal justice system to properly investigate corruption cases and then for these to be prosecuted and adjudicated speedily in the courts.
“The constitutional obligation is that all stakeholders in the justice delivery system must ensure that disputes brought for hearing and determination by the courts are resolved expeditiously. Tardiness and delays in the handling of cases are incidents that are contrary to the efficiency and effectiveness demanded of a justice delivery system.
“Public confidence in the justice system is a goal of justice delivery. Members of the judicial service must always understand that the quality of the service rendered to court users is measured in terms of the outcomes of the conduct of the service provider. There should be some consciousness on the part of members of the Judicial Service Commission on what the public demands of them in the delivery of justice and the need to perform to those expectations,” he said.
Online Reporter