Surge in murders alarms judge

Leonard Ncube in Hwange
Bulawayo High Court judge, Justice Martin Makonese, has blamed dysfunctional family units and harsh economic conditions as the major causes for an upsurge in crimes of passion.

Officially opening the first quarter of the Hwange High Court Circuit yesterday, Justice Makonese said the upsurge of murder crimes in communities was alarming.

“I note with concern that there’s an increase in the number of murder cases arising from crimes of passion. Crimes of passion could be violence, attempted murder or murder. The perpetrator commits the act of violence against another person because of a sudden strong impulse such as sudden rage and attacks the victim usually with deadly consequences.

“Hardly a day passes in this country without the media reporting that a spouse, girlfriend or boyfriend has been killed in cold blood by a dejected or frustrated partner,” he said.

Justice Makonese said in most cases murders start with misunderstandings arising from love triangles and extra-marital affairs.

He said it is usually the case when one partner who has heavily invested in another both financially and emotionally discovers that the partner has been cheating.

“Sudden rage and anger erupts causing the aggrieved party to react in violent fashion. It’s my view that the general disintegration of the family unit, coupled with harsh economic conditions has left many families or couples in distress with no platform for the settlement of domestic disputes. What is of interest is that these crimes of passion occur among both the rich and poor.

“I urge all stakeholders namely police, social welfare, traditional leaders, civic organisations and the extended family not to turn a blind eye to families or relationships in distress. On our part, the courts will continue to impose stiff and deterrent sentences against perpetrators of such violent crimes,” Justice Makonese said.

He called for enforcement of pieces of legislation, such as Domestic Violence Act that were put in place to curb such crimes.

Justice Makonese said economic conditions were resulting in a high rate of divorce cases.

He said 475 divorce cases were handled last year at the Bulawayo High Court at a rate of 10 unopposed cases per week.

“It’s saddening that divorce cases continue to increase as it seems most relationships are being stretched by the prevailing economic conditions. Couples should receive adequate counselling from the church and traditional leaders before entering into marriage contracts,” he said.

Justice Makonese also implored the Ministry of Health and Child Care to urgently attend to patients referred to mental institutions as there is also an increase in murder committed by mentally challenged people.

He said mental illness was not being given the attention it deserves.

Judges and magistrates retain a special verdict in terms of the Mental Health Act in cases involving mental patients.

Turning to performance of judges, over which Chief Justice Godfrey Chidyausiku expressed concern when he opened the 2015 legal year in January, Justice Makonese said now was time for self introspection.

“This is one of the rare occasions when the judiciary takes time to comment on issues pertaining to the justice delivery system in particular and to other challenges related to the activities in the courts in general.

“It’s a time for self-introspection when the judiciary examines its successes and challenges and where we possibly propose corrective action. In spite of the challenges we face as a nation the judges of the High Court will always strive to dispense justice impartially without fear or prejudice. As an independent arm of the state, the judiciary enjoys no interference from other arms,” Justice Makonese said.

He said judges will endeavour to do their best.

Justice Makonese said:

“We owe it to the public and the nation. I would like to report to you that the rate of clearance of cases at the Bulawayo High Court is generally satisfactory. Challenges in the disposal of criminal cases are due to non-completion due to non availability of witnesses, accused skipping bail while the period for circuit is also limited.”

The High Court deals with urgent chamber applications, criminal reviews, criminal trials, civil trials, ordinary chamber applications, civil appeals and court applications.