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Vincent Gono, Features Editor
THE Magistrates’ Association of Zimbabwe (MAZ) has rubbished claims by some candidates for the Prosecutor-General’s post implying that the lower courts are selling justice saying such libellous sentiments are not only grossly malicious but go on to show how desperate for employment the candidates are.
The hard-hitting response is likely to spark a verbal war between the parties as the magistrates have demanded a retraction of the assertion they have described as malicious, unsubstantiated and defamatory.
In a strong worded letter which Sunday News is in possession of, the association through its secretary-general Mr Ndumo Masuku said the claim by the candidates should not be taken seriously by members of the public as it was nothing more than the candidates’ desperate bid for employment.
He said it was wrong for the candidates to bid for the position by dragging the good name of the country’s lower courts with libellous comments suggesting that all of them were corrupt.
“The Magistrate Association of Zimbabwe (MAZ) would like to register its great displeasure on the libellous comments passed by some candidates for the Prosecutor-General (PG)’s post. The candidates particularly senior lawyer (Mr) Wilson Manase and the Law Society president Mr Misheck Hogwe described the lower courts countrywide as “selling justice” implying all magistrates’ courts are corrupt,” reads part of the letter.
It further reads that the association takes exception to the blanket description of all magistrates as corrupt persons especially by respectable persons who are court officials themselves.
“To point and paint all magistrates as corrupt is not only irresponsible on the part of our learned friends but is grossly malicious and defamatory to the magistracy as a whole.”
The magistrates said it was ironic that some lawyers whose corruption stories were always in the news and some have been incarcerated were accusing magistrates of being corrupt yet no magistrate has been convicted of corruption in the past few years.
“To put the record straight, the Judicial Service Commission (JSC) has zero tolerance to corruption and has invited all persons to report any malpractices by magistrates and the candidates who are better informed on how to deal with corrupt magistrates are expected to have done so if their claim is anything to go by.
“We are dedicated to our duty in line with the JSC vision for world class justice and we call upon the nation at large to report any corrupt conduct on the part of judicial officers rather than make baseless and unsubstantiated claims of corruption against all lower courts,” charged MAZ.
The response by MAZ was made in light of sentiments by candidates vying for the PG’s job when they told the panel of interviewers chaired by Chief Justice Luke Malaba that the rot in the lower courts has reached alarming levels.
Responding to the third question of standard five questions posed to each of the seven candidates during the public interview a couple of days ago, top Harare lawyer Mr Manase told the panel that there was well co-ordinated graft involving prosecutors, magistrates and some lawyers.
Mr Manase said if appointed PG, he would engage the JSC, police, Law Society of Zimbabwe and other stakeholders to come up with strategies to curb the scourge.
“It is not a secret that corruption is rife at the magistrates’ courts. Most senior lawyers who still believe in professionalism have been frustrated. They no longer appear before the magistrates because they believe justice is now for sale at lower courts,” said Mr Manase.
“We now prefer appearing before the superior courts where there is still professionalism and real justice.”
Mr Manase advised the commission to randomly ask any of the senior lawyers in town about the situation to get the truth of the claims. LSZ president Mr Hogwe said he had also lost confidence in the lower courts.
“Corruption is rife, especially at the magistrates’ court. The role of a lawyer is slowly becoming less important because of corruption. The syndicate even involves the police, who at times refer accused persons to certain lawyers. I once had a personal experience with a corrupt magistrate and I reported to Mr Guvamombe (Mishrod) when he was still provincial magistrate for Harare. Mr Guvamombe took appropriate action against the magistrate in question and he handled the matter in a commendable way,” said Mr Hogwe.
The magistrates said they were still very dependable in the dispensation of justice.
Online Reporter