Magistrates are regarded as little kings and queens in their areas of operation” JUDGE SLAMS ‘POWER Minister says HUNGRY’ civil servants to get bonuses MAGISTRATES
A HIGH Court judge has blasted magistrates, describing them as “little kings and queens” who have a proclivity for power in their areas of operations where they have influence and likely to corrupt the judiciary system if let loose.
Bulawayo High Court judge Justice Francis Bere made the scathing remarks as 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.
Justice Bere said magistrates wield so much influence and power which if not properly used was likely to corrupt the entire judiciary system.
“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. 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,” said the judge.
Justice 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,” said Justice Bere.
The judge said 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,” ruled Justice Bere.
The judge 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. A report was made to the police leading to Sibanda’s arrest.—@mashnets THE Government is committed to paying civil servants their full 2016 bonuses and those calling for industrial action should give dialogue a chance, Public Service, Labour and Social Welfare Minister Prisca Mupfumira said yesterday.
The Minister’s remarks follow threats by civil servants under their umbrella body, the Apex Council, to embark on industrial action if their bonus promises are not honoured.
Government has been offering stands for bonuses, a gesture some of the workers turned down.
Minister Mupfumira said the threat to down tools was unfortunate as it was not only retrogressive, but defeated all efforts that had been made towards creating effective dialogue over the bonus issue through the National Joint Negotiating Council (NJNC).
“Government has received news of a threat to embark on an industrial action by the civil servants Apex Council over the non-payment of bonuses with surprise,” she said. “Government remains committed to honouring the payment of bonuses as announced by His Excellency President RG Mugabe. Civil servants have always been engaged through the NJNC or directly by myself as the Minister of Public Service, Labour and Social Welfare and my colleagues the Minister of Finance and Economic Development Hon P Chinamasa or Reserve Bank Governor Dr John Mangudya where the reasons for the delayed payment of civil servants bonuses have always been explained fully,’’ she said.
Minister Mupfumira said Government was ready to engage the workers and give feedback on March 6, the proposed date for the next meeting.
She said the Apex Council should be mindful of the meeting they held on the 25th of January where they resolved to consult their constituencies and said follow up meetings could not be held on the agreed date as one of the key stakeholders was not available.
Remarks by Minister Mupfumira come after nurses from various Government health institutions countrywide yesterday downed tools demanding that their employer announce dates for payment of bonuses.
The nurses, who join junior doctors who have been on strike for the past two weeks, are also demanding managerial positions in the public health system, which are currently reserved for medical doctors.
They are also demanding an upward review of the nursing establishment and revision of their grading system.
A visit to Harare Central Hospital yesterday, showed that a few nurses from the maternity and paediatric departments were attending to patients while the casualty and out patients departments was manned mostly by student nurses.
It was business as usual at Parirenyatwa Central Hospital while reports from Rusape, Karoi, Mutare and Chinhoyi indicated that most of the nurses did not report for duty.
In an interview yesterday, Zimbabwe Nurses Association general secretary, Mr Enock Dongo, said their members wanted Government to announce bonus dates instead of continued postponement of meetings.
“Members have agreed that they will only return to work when their issues are solved. So far, no engagement has taken place,” he said.
In their letter addressed to the Health Services Board, the nurses also demanded Government to review its structure, which currently gives priority to medical doctors at the expense of other professionals such as nurses.
The nurses are also demanding Government to review nursing posts as a matter of urgency as more and more graduates are becoming redundant soon after training.
“The process of reviewing staff establishment is long overdue. Over 4 000 of our members are still roaming the streets despite having trained and qualified,” said Mr Dongo.
He said until these grievances were addressed, their members would not consider returning to work.
Meanwhile, the Zimbabwe Hospital Doctors Association has welcomed the move by nurses to down tools calling on Government to urgently address challenges affecting the health sector.