Prosecution of corruption cases top priority
JUSTICE LOYCE MATANDA-MOYO (LMM) was recently appointed the first female Prosecutor-General (PG) by President Mnangagwa. The Sunday Mail’s TANYARADZWA RUSIKE (TR) spoke to her about her plans in her new designation.
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TR: In brief, can you tell us who Justice Loyce Matanda-Moyo is?
LMM: Honourable Matanda-Moyo is a mother of three boys and has a distinguished career and vast experience in the justice delivery sector, having served as a magistrate, State adviser in the Zimbabwe Defence Forces, State counsel (Criminal Division) of the Attorney-General, prosecuting in the High Court and Supreme Court. She rose through the ranks to the post of director of the Civil Division and director of public prosecution, before being appointed judge of the Labour Court (2009) and judge of the High Court (2013).
She also served as the chairperson of the Land Acquisition Task Force and represented Zimbabwe in international cases on human rights before being appointed Zimbabwe Anti-Corruption Commission chairperson in May 2019.
TR: It is clear you have a distinguished career, but what does this latest appointment mean to you?
LMM: It is an honour to serve my country. I feel very privileged and honoured to serve as the first woman Prosecutor-General of Zimbabwe. However, I remain humbled that the President of Zimbabwe, His Excellency Dr Emmerson Dambudzo Mnangagwa, trusted me with this enormous responsibility. This trust means a lot to me. I have big shoes to fill. Those who served before me left their mark and I have to raise the bar so that the NPAZ (National Prosecuting Authority of Zimbabwe) keeps growing and achieves world-class prosecutorial services.
TR: What will be your main duties?
LMM: The Prosecutor-General is the guardian of the criminal justice delivery system. The PG plays a vital role in ensuring that the criminal justice system functions fairly, efficiently and effectively. The PG has a number of important powers and critical responsibilities. These are:
◆ Deciding which cases to prosecute:
This is a significant power, which can have a major impact on the lives of both victims of crime and the accused persons, as well as society at large;
◆ Representing the State in court: The PG is responsible for representing the State in court in all criminal matters and represents the public in a manner that engenders confidence so that people can trust the criminal justice delivery system, and not resort to selfhelp, where they take the law into their own hands. The PG is obliged to protect the rights of victims by ensuring that they are treated with respect and dignity, and that they have a voice in the criminal justice process;
iii) Uphold the rule of law: The PG must uphold the rule of law by ensuring that the law is applied fairly and impartially to all. This means prosecuting all crimes, regardless of the status or connections of the accused. My job is to ensure that there is order, public safety, reduced corruption and the rule of law in Zimbabwe. And this has far-reaching implications on the socio-economic order and contributes significantly to the achievement of Vision 2030;
iv) Overseeing the prosecution service: The PG is responsible for overseeing the prosecution service. This includes setting policies and procedures, and ensuring that prosecutors are meeting the highest standards of professionalism. The PG’s role, as guardian of the criminal justice delivery system, is particularly important in the context of capacity-building, as well as development of our jurisprudence. The PG can also play a crucial role in strengthening the criminal justice system and ensuring that it functions fairly, efficiently and effectively;
v) Promote transparency and accountability: The PG must promote transparency and accountability in the prosecution of criminal cases by making information about the prosecution processes and services publicly available, and by holding prosecutors accountable for their actions.
TR: What is your promise to the public as you commence your duties?
LMM: My tenure as Prosecutor-General will be characterised by quality prosecution services that will be achieved through hard work and discipline. I expect cases to be finalised expeditiously within a reasonable time frame. Remember, justice delayed is justice denied.
TR: What have you identified as the priority areas to tackle in your new role?
LMM: My priority is capacity-building and strengthening of the NPAZ to achieve world-class standards. There is a need to capacitate both public prosecutors and support staff with tools of the trade that enhance their efficiency in the workplace.
Priority areas are tools of trade, particularly ICT (Information and Communications Technology) gadgets, in line with the IECMS (Integrated Electronic Case Management System). As you are aware, we have migrated to an electronic case management system and we are behind in terms of our targets for equipping prosecutors with the necessary tools to ensure prosecution services continue to flow without any interruptions.
The case backlog must be cleared. There is also an acute shortage of office accommodation and office furniture. We also need vehicles to enhance operational efficiency. And, of course, conditions of service remain a top priority.
TR: What is your position on alleged corruption by some prosecutors and how do you hope to address this?
LMM: I have a zero-tolerance policy on corruption. Corruption will not be tolerated within the rank and file of the NPAZ. Any hint of corruption will be dealt with quickly and firmly.
TR: There have been concerns over the high number of suspects, particularly armed robbers, who skip bail, only to recommit the same offences. What are your views on this?
LMM: Bail is a constitutionally guaranteed right and accused persons are considered innocent until proven guilty, hence they are entitled to their freedom, albeit with certain restrictions, depending on the crimes alleged to have been committed. Our position as the NPAZ is that we will oppose bail in all serious offences. However, it is the domain of the court to grant or deny bail. Where accused persons abscond and the law catches up with them, we will make sure they are locked up until their cases are finalised.
TR: What plans do you have to improve the conviction rate in courts and reduce cases of “catch and release”?
LMM: I will strengthen the capacity of the prosecution service to prosecute corruption cases. This includes providing prosecutors with specialised training and resources, and creating a more conducive and efficient work environment.
This will enable the prosecution service to effectively prosecute corruption cases and to uphold the rule of law. I will emphasise the importance of research by making sure the NPAZ has well-resourced libraries throughout the country.
I will also ensure that I make the prosecution of corruption cases a top priority.
All dockets that are ready for prosecution must be prosecuted without delay. This includes developing strategies to plug loopholes in our current case management processes to ensure that corruption cases are prosecuted effectively.
There is also need to work closely with other law-enforcement agencies such as the Zimbabwe Anti-Corruption Commission and the Zimbabwe Republic Police. This will help to ensure that corruption cases are investigated and prosecuted in a coordinated and effective manner.
I will promote transparency and accountability in the prosecution process. This includes making information about the prosecution of corruption cases publicly available and holding prosecutors accountable for their actions.
We will help to build public trust in the prosecution service and deter corruption.
We also intend to address the root causes of corruption. This includes working with other stakeholders — particularly the Zimbabwe Anti-Corruption Commission; the Zimbabwe Republic Police; the Ministry of Justice, Legal and Parliamentary Affairs; the Procurement Regulatory Authority of Zimbabwe; the Financial Intelligence Unit and other sister agencies — to improve governance, transparency and accountability in the public and private sectors.
We will use innovative prosecutorial techniques. As the PG, I will encourage prosecutors to use innovative prosecutorial techniques such as plea bargaining to improve the conviction rate in corruption cases. I will also ensure that prosecutors present strong cases against accused persons in corruption cases and present the evidence in a clear and concise manner in court.
We will work with all other State agencies involved in the criminal justice delivery system. I will be engaging the Judiciary to ensure corruption cases are expedited. This includes working to reduce delays in the court system and to ensure all State agencies involved within the criminal justice delivery system have the necessary training and resources to manage corruption cases effectively.
TR: Any parting shot?
LMM: The justice delivery sector is a sensitive area as it speaks to dealing with rot in society. Having given that context, I believe it is important that we work together with all the sister agencies and stakeholders to deliver justice and uphold the rule of law. Therefore, I believe constant engagements with other actors in the criminal justice delivery system will enhance our working relationship and help in developing the system as a whole.
Matanda-Moyo