EDITORIAL COMMENT: Judiciary must not be cowed by threats

We are extremely disturbed by reports that two magistrates deployed at the Special Anti-Corruption Court, recently received death threats from as yet unknown people.

Harare magistrate Mr Nyasha Lee Vitorini and Mr Tendai Mahwe of the Mutare Magistrates’ Court were targeted last week.

The former, who is handling a number of criminal cases, woke up in the morning and found his gate locked from outside with an unfamiliar lock.

The criminals left a typed letter threatening the lives of Mr Vitorini’s family members if the judicial officer “continued doing what he was doing in court”.

Mr Mahwe was trailed from work after handling corruption-related cases forcing him to appeal to his superiors for protection. He also received threats.

Judicial Service Commission (JSC) acting secretary Mr Walter Chikwana stepped in and directed Chief Magistrate Mr Mishrod Guvamombe to engage the police to enhance security arrangements for the duo.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi urged magistrates to be brave and to remain committed to eradicating corruption despite threats.

“I was very touched by the examples of the two magistrates that you gave,” he said.

“Heroes are people that do the extraordinary. The moment you do routine work you can never be a hero.

When you receive a message that we are coming for you and you go and become very tough in court, then you are a hero. Corruption is undertaken by those with means.

They can even investigate you and find out that after work you go for braai at Zindoga (Shopping Centre) and they follow you.

They try to study how you do things with an intention to compromise you. But you must remain professional. Remain true to your calling.”

It is frightening that the corrupt among us have become so brazen as to actually target law enforcement officers.

Offenders are typically scared of the law and those who enforce it but when they behave as they did by threatening Messers Vitorini and Mahwe it becomes a different ball game altogether which concerns us.

It worries us because the threats against Messers Vitorini and Mahwe are not simply threats against the duo, but threats against the country’s judicial system.

This is intolerable though not completely unexpected.

Seeing how corruption had established itself over the years, how it makes people rich quickly and easily as well as the fact that most of the corrupt are influential, threats on those charged with curbing it, and even physical harm can be the price to be paid.

In some jurisdictions — and we faced a genuine risk of being like them if corruption was allowed to continue growing — the targeted can actually lose their lives.

However, our message to the two gentlemen is that they must not be cowed by mere criminals.

The same message goes to their colleagues in the Ministry of Justice, Legal and Parliamentary Affairs, other arms of Government and President Mnangagwa himself.

They, actually, must be emboldened to do their work in the campaign against corruption. It is evil, frustrates national development thus must be fought most bravely.

President Mnangagwa has made the fight against graft one of his Government’s top priorities.

He speaks against the vice at every forum, the latest being on Sunday at the 11th extra-ordinary session of African Union in Addis Ababa, Ethiopia.

He, in addition, is walking the talk. He has established the Special Anti-Corruption Court to which Messers Vitorini and Mahwe are attached.

The police have arrested a number of high-profile figures who are appearing in court facing charges of corruption.

These include about half a dozen former ministers, former senior Government officials and businesspeople.

Furthermore, the President has used the Presidential Powers (Temporary Measures) Act to amend the Exchange Control and Money Laundering and Proceeds of Crime Acts to tackle illegal foreign currency trading.

The law prescribes a maximum 10-year custodial sentence for illegal currency traders. Authorities are also empowered — through the Unexplained Wealth Orders Statute — to confiscate ill-gotten wealth.

The Zimbabwe Anti-Corruption Commission and Zimbabwe Revenue Authority have been empowered to pursue perpetrators of financial crime as well.

The Government has evidently taken the fight against corruption to a level the corrupt never anticipated after years of token approaches to deal with them.

The criminals have taken note that their days are numbered, thus are employing dirty tactics like the threats to Messers Vitorini and Mahwe.

The intervention by Mr Chikwana to enhance security around the two magistrates is key, but we ask that the protection is extended to many others involved — investigating officers, prosecutors and magistrates.

They must feel safe at a personal level; they must feel that their families are safe too and that a majority of Zimbabweans support the good work they are doing.

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