Judiciary calls for expanded sentencing powers for Regional Magistrates

The Judiciary has urged the legislature to promptly amend laws to expand the sentencing powers of regional magistrates, aligning them with the gravity of crimes they adjudicate. This follows concerns raised about the inadequacy of current jurisdictional limits, which cap magistrates' sentencing powers at 12 years, even for severe offences such as aggravated robbery.

The call comes in light of new sentencing guidelines prescribing a presumptive penalty of 20 years' imprisonment for robbery under aggravating circumstances.

The need for reform was starkly illustrated in the High Court case of Israel Mufure (22) and Charles Murinda (55). The two men terrorized teachers at a Norton primary school, committing multiple robberies using a pellet gun. Convicted of five counts of robbery and one count of unlawful entry, they received a combined sentence of 20 years: 10 years for robbery and 10 years for unlawful entry.

High Court judges Justice Esther Muremba and Deputy Judge President Garainesu Mawadze criticized the sentence as "unduly lenient," given the severity of the crimes.

Justice Muremba underscored the disparity between the presumptive 20-year penalty for a single count of robbery under aggravating circumstances and the regional magistrates' jurisdictional limit of 12 years.

"The sentence imposed fails to reflect the seriousness of the offences, particularly considering the brazen aggression displayed by the offenders," Justice Muremba said.

The High Court also noted that the sentencing magistrate had not fully applied the new guidelines or acknowledged the limitation of her jurisdiction in her judgment.

"When queried about the lenient sentence, the magistrate cited her jurisdictional limit but failed to reconcile this with the prescribed presumptive penalties," Justice Muremba remarked.

The judges warned that the misconception equating jurisdictional limits with typical sentencing ranges risks undermining the integrity of the judicial system.

The Judiciary emphasized the urgent need for legislative intervention to amend the Magistrates Court Act [Chapter 7:10], granting regional magistrates the authority to impose higher sentences consistent with presumptive penalties.

"Expanding the sentencing jurisdiction of regional magistrates is essential for delivering justice effectively and ensuring that penalties match the severity of offences," said Justice Muremba.

The judges also criticized the current requirement to refer cases exceeding magistrates' sentencing powers to the High Court, describing it as cumbersome and a source of delays.

"This process creates inefficiencies, prolongs case resolution, and undermines the swift delivery of justice," Justice Muremba noted.

Enhancing magistrates' sentencing powers, they argued, would reduce backlogs, streamline judicial processes, and foster greater public confidence in the justice system.

The Judiciary's call highlights the critical need to align sentencing jurisdiction with the realities of modern crime and the expectations of the judicial framework. Expanding magistrates' powers would promote consistency, uniformity, and efficiency, ensuring that justice is not only done but also seen to be done.

Lawmakers are now expected to consider the proposed amendments as part of broader reforms to strengthen Zimbabwe's judicial system.