Zero tolerance to corruption - Judge

THERE should be zero tolerance to corruption in the country's courts as some officials are routinely accepting bribes to throw away cases, a Bulawayo High Court judge said yesterday.

Speaking at the official opening of the Hwange High Court Circuit, Justice Martin Makonese said while the country's judicial system was largely efficient in many respects, there was a disturbing trend of corrupt activities being reported in the lower courts.

"It would appear that some prosecutors, magistrates, clerks and other court officials are routinely accepting bribes to throw away cases. Some criminals even boast that you can never go to jail if you have money. What this means is that it is the poor who have no money who only end up doing jail time," said Justice Makonese.

"I would like to call upon legal practitioners to shun being used by their clients as couriers of bribe money. Legal practitioners who act as agents for the clients in these corrupt activities are just as equally guilty as the criminals they act for. There should be zero tolerance on corruption and any officer of the law caught on the wrong side of the law must be punished heavily to send a correct message to like-minded persons."

The judge said at the levels of corruption at the moment, the trend was worrisome and corruption was gradually seeping into every institution in the country.

Justice Makonese said cases of domestic violence that were referred to the High Court for review were on the increase.
He said: "Spouses are brutalising and abusing each other. In some sad stories, lives have been needlessly lost. There is a need for stiffer sentencing in this regard. A clear signal must be sent to members of the public that if you assault your wife or husband, you may receive a custodial sentence from the courts. We are an educated society and cannot accept barbarism as a way of life."

 

Justice Makonese noted that according to statistics released last year, 12 murder cases were reported in Matabeleland North and four of them were a result of domestic violence, adding that during early February this year, the police reported that 13 murder cases countrywide were a result of domestic disputes.

Some of the cases, the judge said, relate to infidelity while others relate to long-standing irreconcilable disputes between spouses.

"I urge the courts, the police and all stakeholders to seriously play their part in bringing down cases of domestic related violence cases. The most disturbing aspect of this problem is that it does not relate to one class. Both rich and poor are affected in equal measure. The courts are enjoined to ensure that sentences passed fit the offence and the offender," said Justice Makonese.

He urged all police officers who deal with domestic violence cases to ensure that such matters were professionally and fairly handled to ensure that substantial justice was delivered to offenders and that victims were adequately protected.

"I also call upon civic organisations, which deal with domestic violence cases to play a meaningful role in providing proper counselling services to those persons that find themselves at their doorsteps," he said.

Justice Makonese said the judiciary was watching with a keen interest the developments in the constitution-making process, adding that: "One hopes that the long awaited final draft of the constitution shall be completed sooner than later.

"Zimbabweans from all walks of life who have participated in the constitution-making process at one stage or another expect that those entrusted with the drafting of the new constitution do so with greater speed so as to resolve this issue once and for all.

"The longer it takes to finalise the new constitution the longer it will take for the socio-economic environment to stabilise. I urge all the political players directly or indirectly involved in the process to play their part honestly and with the interests of the people at heart."

He commended Copac for their determination and resolve to finalise the constitution-making process, despite all the pressures surrounding the entire process.

Justice Makonese called on Zimbabweans to demonstrate that they were mature and able to produce a home-grown constitution acceptable to all.

The occasion was attended by the Resident Minister and Governor for Matabeleland North, Thokozile Mathuthu, the officer commanding police in the province, Senior Assistant

Commissioner Edmore Veterai, Government officials, lawyers, magistrates and prosecutors.