adminTHE National Prosecuting Authority (NPA) has produced a code of ethics which “bars” prosecutors from patronising popular drinking spots and also prohibits prosecutors from having private discussions with a presiding officer in the absence of the defence counsel or accused.
Addressing prosecutors at a Bulawayo hotel recently, Principal of the Judicial College of Zimbabwe Mr Rex Shana said prosecutors should remain independent before indicating that frequenting popular pubs was “problematic” as it raises suspicion, hence this might put the name of the NPA into disrepute.
“If you go to such places (popular bars), people will become suspicious. You must accept that and stay away from them. People will assume that you are after a certain mogul’s money and that is problematic,” said Mr Shana.
He also added that it was now unethical for prosecutors to visit the presiding officer (a judge or magistrate) in his/her office or approach him/her during the court session at his/her desk in the absence of the defence or accused.
“A prosecutor should avoid any conduct, on his or her part that might arouse a reasonable perception of bias in the eyes of right thinking members of the public. A prosecutor must thus not be seen to be fraternising with the judiciary officers inside and outside court during the pendency of cases,” said Mr Shana.
“In chambers the prosecutors must avoid having private discussions and should never discuss pending cases with the presiding officers in the absence of, or without the consent or knowledge of, the defence or accused,” he said.
Mr Shana, who was once the Judicial Services Commission deputy secretary, added that independence is crucial as it helps to ensure that justice prevails in dealing with matters before the courts.
Section 4 of the code reads: “In the exercise of his or her prosecutorial discretion, subject to any legitimate policy directions, a prosecutor should independently decide upon the efficacy of any criminal prosecution, free from undue political, judiciary or other extraneous interference.”
On integrity, Mr Shana said prosecutors should be guided by Section 5 of the code which says prosecutors should ensure that their conduct in and outside court “is above reproach in the view of reasonable, fair-minded and informed persons.”
The NPA has already set up an ethics advisory committee that will deal with cases of unethical conduct. Depending on the gravity of the case, the committee might recommend that the prosecutor should be pardoned or fired.
Prosecutors have of late been accused of corruption. Recently, a senior Bulawayo regional prosecutor, Admire Chikwayi was sentenced to 24 months in jail after being found guilty of criminal abuse of office for soliciting for a $300 bribe from a complainant in a fraud case.
In another case, a Nigerian businessman and church leader, Oma Alphonsus Achinulo, requested for the Gwanda presiding magistrate Joseph Mabeza and prosecutor Johannes Tlou to recuse themselves from his matter, arguing that they had been seen having lunch with the complainant and State witnesses.
Prosecutor-General Mr Johannes Tomana said ethics were guiding values that will ensure that NPA gets the integrity and trust from members of the public.
“We are the backbone of criminal justice in the country. Our authority carries a quite onerous task of eradicating the cancer of corruption and general crime and the constitution specifically bestows that mandate on us. My office does not tolerate corruption of any form and I implore all of you present here to become paragons of virtue.,” he said.
Online Reporter