The Chronicle

BULAWAYO, Saturday, May 30, 1992 — Magistrates have been urged to check their records of trial proceedings before submitting cases for review at the High Court.

Reviewing the case of Killion Mafukidze, who was tried and convicted in one of the lower courts, Mr Justice Cheda said it seemed that many magistrates were simply signing the certificates attached to the review cover without checking to satisfy themselves that the record reflected correctly the proceedings being submitted for review.

“There have been a number of records where, for example, two people are charged together but separation of trial is ordered during the proceedings.

“The review cover later reflects the two names as if both were convicted together,” said Mr Justice Cheda.

He added that there had been some cases where the sentence on the review cover was different from that on the indictment form.

“Any errors made either on the indictment or review cover could be picked up and corrected if a magistrate checks his record before signing the certificate,” said Mr Justice Cheda.

Referring to the case before him, Mr Justice Cheda said Mafukidze was sentenced to 10 weeks imprisonment, of which four months were suspended for five years.

“I do not see how he could get four months out of 10 weeks. Since it is not clear whether the sentence was meant to be 10 months is suspended, or 10 weeks of which four weeks is suspended, I cannot correct the record but refer it back to the trial magistrate to advise what the correct sentence was meant to be,” he said.