Online Reporter
Nyore Madzianike
A HARARE regional magistrate refused to remand or further remand 55 suspected criminals, including armed robbers, between January last year and this month, drawing concern from Chief Justice Luke Malaba.
Magistrate Mrs Estere Chivasa would not remand their cases upon requests from the State, the normal practice while police investigations are finalised and prosecutions commenced.
Suspects on bail are still technically on remand.
The remand requests for the suspects were among the 72 cases handled by Mrs Chivasa during this period.
This revelation came to light during her interview for a position as a Labour Court judge at a Harare hotel, where 27 candidates are vying for eight positions.
According to the commissioners presiding over the interviews, Mrs Chivasa handled 72 cases from January last year to May this year.
During this time, she refused to remand 55 suspects at the Harare Magistrates Court. Chief Justice Malaba, one of the commissioners, expressed concern.
“Instead of improving your work, you are releasing robbers into society. You have refused remands in 55 cases since January. In other words, you have released 55 robbers into society. Is that correct?”
Mrs Chivasa acknowledged removing the cases from remand but attributed her actions to the underperformance of some stakeholders.
“It’s unfortunate that I do not have (details), I cannot verify this matter. I cannot deny it since the figures are there, but yes, it is true,” she said.
Chief Justice Malaba further questioned her actions, emphasising the impact on public safety. “Society is worried about that kind of public safety. You release 55 from January. Are you a conscientious magistrate who is controlling your power to safeguard society?” he asked.
Mrs Chivasa agreed that the court should handle and complete more trials but stressed that some factors were beyond her control.
“I agree that a judicial officer should complete more matters. But there are times you have no control over some of these things,” she said. The Chief Justice noted that statistics indicated Mrs Chivasa’s performance was below average, with a trial completion rate of five matters per month last year and three cases per month for this year.
“What seems to come out of the statistics suggests that you are a slow performer. Is that correct?” he inquired.
In her defence, Mrs Chivasa attributed her low output to the complexity of the cases she handles, which often involve multiple parties.
“I cannot confirm that given the complex matters we are dealing with. You cannot compare someone in a fast trial court with someone in a slower court,” she said. On Tuesday, several candidates, including Innocent Bepura, Chipo Ruwhaya, and others, were interviewed, with 14 more aspirants expected to be interviewed yesterday.
