'Exposing corruption at Murambinda Magistrate Court, Magistrate trading unfairness for beasts'

Editor - Allow me to air my grievances pertaining to the goings on, as they unfold at the Murambinda Magistrate Court, the only court in Buhera, deep inside the Manicaland Province. With all due respect, I humbly submit that these complants also be forwarded to the Chief Magistrate,Honourable Guvamombe, The Prosecutor General Mr J Tomana,and the Manicaland Provincial Magistrate, Her Worship, Ms Mungwari.

A puzzle I can not fathom is the fact that the Executive is many a time accused of arm-twisting the judiciary, in the process compromising the same. Yet it is the Executive that initiated and guided debate in Parliament and Senate that led to the promulgation of the Judicial Services Act and all ancillary acts and subsidiary legislation under it. If the courts cause an injustice, they are responsible for tearing the social fabric of our beloved society and as such must be exposed and shamed.

Thus, as a society, we are duty bound to protect those other members of the judiciary who have remained true to their oath of office, for those corrupt elements will not rest until the entire bench is compromised, as a protective measure.

Our courts exist to do justice and this justice is the by-product of the diligent application of the laws of the land. Period.

In the interest of justice, the Code of Ethics looks at the conduct of judicial Officers on and off the bench, calling all officers to conduct themselves to the highest standards of personal and professional behaviour, for instance, it would be improper for a married Judge to have a girlfriend, he or she would be unfit to perform a judicial task if he or she has dirty hands.

The courts and judicial officers attempt and are called for, to operate efficiently,but there may be incidents where you believe that you have been treated unfairly and in this case, I feel I am completely within the legal rights to make a complaint and make it known, for the justice system we have is based on fairness.

I will describe all the facts relating to my complaint. The chief culprit in my complaint is the resident Magistrate, Honourable Henry Sande, whose behaviour deem him unfit to be an honourable member in a Republic like this, for he seems to be a chancer, who sneaked onto the bench and is destroying our national institutions.

This Honourable Magistrate has become a nuisance in the Murambinda growth point, small as it is. He does not hesitate to exchange hands in the public, which is unbecoming, given his status as an individual and the office he represents.

To justify my complaint, sometime in 2015, there was an inter-departmental meeting at the court where the Magistrate chaired the deliberations. He gave a provocative prayer, targeting the Chairperson of the Anti-Corruption Commission, a Detective Assistant Inspector. He spit venom onto him all because he had unmasked him in a corruption deal. It is alleged that he received beasts from different people in exchange for favourable judgements.

The detectives tried to warn him against such conduct and he blasted the Chairperson in the said meeting and threatened some police officers. If any investigation is to be instituted, I feel making approaching C.I.D Buhera would bear fruit.

In a separate case of corruption, pitting village head Muchiriri and Kusotera, in a land dispute, His Worship, Honourable Sande traded fairness for two beasts, which were handed to him through one lady clerk of court, and one of the beasts was kept in the vicinity and was latter moved to his farm in Chivhu, and there are quite a number of beasts he corruptly received from Mwenezi.

The Magistrate seems to operate with unfettered discretion and fail to realise his lines of authority, for he sometimes drive to the Chivhu-Murambinda intersection, where he is ever in running battles with touts and combi drivers. If he fails to get money, he phones the Officer in Charge Murambinda to send officers to help him apprehend the culprits.

During trial of the apprehended culprits, one would hear him say "I saw you do it, do you think I am lying?"

It then baffles one's mind as to how he becomes the arresting officer, state and presiding officer, all at the same time.

Like I have said, for any corrupt tendencies to be successful, they are systematised and institutionalised. Mr Sande works in cahoots with 2 clerks of court, known as Victor and lady, known as Chihera. On one occasion, Victor denied one accused from filling his opposing papers for no apparent reason. There is a case between Chipo Mafusire and Mutikani, where Chipo got a default judgement in case number CIV74/15.

It is unclear under what circumstances the court granted the default judgement when he responded, filed his appearance to defend and never consulted or communicated to Mutikani. He shamed Mutikani in gallery when told the Court that he only knew about the judgement after he was served with an application for Garnish.

Mutikani asked for a return of service but Sande maintain shouting at him. But we noted he was justified because the messenger of court was said to have attempted to attach his property but they failed a statement vehemently disputed by Mutikani he said had he knew of that he would have approached his legal councillors. I came to know about this case when Chipo went on to apply for garnish order, and when the respondent tried to block such action, and tried to file an application for rescission of judgement in August 2015 Victor blocked him, and refused to accept his opposition papers on the day the application for garnish was heard, in full view of other people.

All this was driven by corruption, despite the fact that we did not manage to know who the court was siding with, though it was not fair. To my own and the surprise of many, the targeted members are those from the apostolic sects, and the bone of contentions remains unknown, up until its proven via proper investigations.

To this end, I wish to bring forth that a lot of things are happening than meet our own eyes and ears. I can not watch as the people's right are squandered, and therefore request a confidential inquiry to be carried out, for I feel our society is being so outrageously treated. As sure as morning follows night, our day of reckoning as residents of Murambinda must come.

Worried

Struggle Mututa.