Magistrates too bigheaded and 'corrupt'--High Court judge says

Bulawayo High Court judge Justice Francis Bere  has issued a rare attack on magistrates saying their have become too powerful and are likely to corrupt the judiciary system if  left unchecked.

According to the Chronicle, Bere said this when he quashed a sentence imposed on a Gweru teenager who was convicted of unlawfully detaining his 16-year-old girlfriend and sentenced to 15 months in jail.

The matter had been brought to the High Court for review.

Abundance Sibanda (18) of Mkoba suburb was sentenced to an effective nine months in jail by a Gweru provincial magistrate for unlawful detention of his lover.

"I must hasten to say that the office of the magistrate occupies a central role in the administration of both the civil and criminal justice system" said Bere.

 "Because the magistrate's court is usually the court of first instance, the magistrate wields so much influence and power, which if not properly used can result in the corruption of the whole system.

"Magistrates are regarded as little kings and queens in their areas of operation and therefore it is important that they exercise extreme restraint and caution in executing their duties to avoid the possible abuse of power they hold, especially when dealing with a youthful and unrepresented accused person,".

 Bere said it was wrong for the magistrate to opt for a prison term without first exploring the possibility of a fine.

"There is a need to treat youthful offenders with a measure of extreme mercy and to differentiate their treatment from those of mature individuals. The penalty provision in the charge preferred against the accused person in this case does in fact provide for a fine or imprisonment where the kidnapping or unlawful detention was not committed in aggravating circumstances," he said.

The judge said it was clear that Sibanda did not use violence when he unlawfully detained the complainant.

"It is equally true that despite age, the victim appeared to have prevailed over the accused by deliberately refusing to immediately go back to her place and opting to return after the weekend. It cannot escape the mind of the court that despite her age, the victim showed signs of maturity that went beyond her age when she persuaded the accused to take her to his place".

According to the report, Bere added that  the sentence imposed on Sibanda was too harsh under the circumstances.

"The court in this case is clearly at large as regards the sentence. The court a quo's sentence is set aside and substituted with a sentence to pay a fine of $150 in default of payment to undergo 20 days imprisonment,"

He said Sibanda, having already served a period in excess of the alternative period of imprisonment, is entitled to automatic release.

The court heard that on January 2 this year, the complainant, a Form Two pupil, visited her boyfriend at his home in Mkoba 16 after school and the two lovers stayed together until evening.

They spent the weekend together until January 23 when Sibanda decided to visit his parents in Shangani. When the complainant returned home her parents quizzed her about her whereabouts and she revealed that she was with her boyfriend.
Ma