"Justice" In Zimbabwe

Being a former prosecutor in Zimbabwe does help me when I look at cases in Zimbabwe. I do not believe myself to be a legal pundit - not by any stretch of the imagination, but having worked in law courts in Zimbabwe does help.

I do note, just taking a cursory glance at cases before the courts today, that there is a definite slant in the courts to come out in favour of ZANU PF.

I also note the alacrity that the likes of Jonathan Moyo have of drawing conclusions in the public domain of what he sees as a transgression of the law by the MDC. But he fails every time to compare those action to those of Mugabe's ZANU PF party.

I would like to look at just three cases that were written about on the internet today. These are all cases in front of the courts in Zimbabwe today. I do note that there are no cases reportedly in front of the courts that involve the prosecution of ZANU PF members and supporters.

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Case 1: When the Mugabe administration charges any person in Zimbabwe with a crime, they are really not that concerned about the final result, but they are more than happy to have the charge hanging over their head - even if they are looking for nothing more than occupying the minds of those so charged.

If we were to look at the conviction rate against those who Mugabe fells have sinned against him, the success rate is very low.

"High Court Judge Justice Samuel Kudya on Tuesday ripped through the State case against Energy and Power Development Minister Elton Mangoma describing it as 'weak' as he granted bail to the troubled Movement for Democratic Change (MDC) Deputy Treasurer-General.

Justice Kudya ruled that the State’s case against Mangoma, who was arrested and detained last week for alleged criminal abuse of duty appears to be weak and would not induce Mangoma to abscond as had been feared by the State.

"But it seems to me that in the absence of evidence that the applicant personally benefited from the deal, his actions were prompted by a national crisis. As Minister responsible for energy all Zimbabweans looked up to him to provide a quick solution to the problem. His well meaning response to a national emergency may prove highly mitigatory.

"Courts do accept that at times paths to hell are often paved by good intentions. Those good intentions may prove highly mitigatory," said Justice Kudya as he delivered his ruling in a packed court room on Thursday afternoon."

However, bail was set at US$5000 and Mangoma is to report weekly to police.

So, on a 'weak' case, bail is set fifty times as high as the bail for a policeman charged with murder... It makes you think, huh?

"Prime Minister Morgan Tsvangirai, who is the leader of the MDC-T last week complained about the arrests of his party officials and activists in the past two months since the beginning of this year. The premier said the violence and arrests of his party activists were being orchestrated by state security institutions.

"From January 2011 up to today, we have seen an increase in incidences of violence and assaults on the people of Zimbabwe. This has included the destruction of people’s homes and property in Mbare and the displacement of 1200 MDC cadres," Tsvangirai said.

"The violence in Mbare coincided with the massive deployment of soldiers to terrorise innocent civilians in the countryside. People are being force-marched to attend rallies and there has been an upsurge in cases of intimidation and State-sponsored violence in the countryside."

Tsvangirai said the clampdown on his party is reminiscent of 2008 deadly violence that led to over 200 of his supporters being killed towards the presidential run-off. He said ZANU PF supporters accused of the murders are yet to face any prosecution.

"ZANU PF cadres and securocrats who murdered people in the run-up to the 27 June election are roaming free and no criminal charges have been pressed against the murderers of Tichaona Chiminya and Talent Mabika and the other 200 victims of the 2008 violence," he said."

Case 2: "The 10 MDC members who were arrested on Sunday night at the MDC headquarters, Harvest House are still remanded in custody at the Harare Central Police Station. They are facing false charges of assaulting an unidentified person."

Let me get this right. A pro-Mugabe policeman is out on a US$100 bail for murder, and an MDC minister is out on a US$5000 bail on what the court describes as a 'weak; case, but 10 MDC members are held without bail on suspicion of assaulting someone, but they don't know who...?

"In Nyanga district, Manicaland province, five MDC members who were in remand prison on allegations of political violence were today granted bail. Paul Mawadza, Zivanai Chimbudzi, Freedom Kanjira, Chamunorwa Mukoto and Andrew Nyabasa were each granted a US$50 bail by a Nyanga magistrate."

It is obvious, without being any kind of legal boffin, that rulings on criminal cases in Zimbabawe are heavily dependent upon the accused person's political membership.

Case 3: "Gokwe-Kabuyuni MP Costin Muguti (MDC-T), who is reportedly ill and was due to undergo pelvic surgery, will spend the next seven days in remand prison after the state invoked Section 121 of the Criminal Procedure and Evidence Act to deny him bail.

Prosecutor Ndamuka Chikuni invoked the contentious section on Monday soon after magistrate Tendai Mahwe had granted the MP $50 bail.

Muguti’s lawyer Reginald Chidawanyika had applied for bail on Monday when the MP first appeared in court following his arrest on March 8 for alleged public violence."

Do the maths... Invoking Section 121 of the Criminal Procedure & Evidence Act and, as a result, delay the surgical requirement of an person accused of public violence - and that violence is supposed to be verbal... It really does not compute, does it?

Justice in Zimbabwe - something which I worked with daily for four years of my life - has changed entirely to be something that is elusive, yet entirely inescapable if you don't agree with Mugabe, his party and his judicial appointment.

Jonathan Moyo displays his bias when he calls for the arrest of Prime Minister Tsvangirai for attacking judges, but he himself, a known provocateur, has done much worse insofar as he has lied to the voters that elected him to office, while hiding his true feelings and allegiances with regard to his rejoining the Mugabe party.

Robb WJ Ellis

The Bearded Man