The Herald (Zimbabwe)

Lawyers, litigants cherry-picking courts

- Daniel Nemukuyu Investigat­ions Editor

LAWYERS and litigants are now shopping for a High Court station, sometimes preferring to go halfway across Zimbabwe from anyone connected with the case hoping for a favourable judgment.

Every judge of the High Court has “full original criminal and civil jurisdicti­on over all persons and matters throughout the country”, according to the High Court Act, so in theory a High Court judge in Mutare can hear a case involving a land row in Mangwe on the

Botswana border.

The High Court has sat in Harare with a small number of judges permanentl­y in Bulawayo for many years, largely dealing with criminal cases in the western half of the country and civil cases where both parties came from there.

Judges did go on circuit to other centres, but largely to hear criminal cases where the defendant, the victims, the witnesses and the investigat­ing officers all came from the same city.

It was cheaper to move the judge than move a dozen or so people to Harare.

The opening of permanent High Court stations in Masvingo and Mutare was meant to make it easier for people to access this court, and so cut down costs and bring justice to the people, rather than bring people to justice.

However, in recent times there have been those who now shop for a court where they think they might get a more favourable judgment, or even to get a second chance without going through the delays of an appeal.

Recently, some criminals seeking bail pending their appeals, who separately lost bail applicatio­ns at the High Court in Bulawayo, quickly engaged new lawyers and fraudulent­ly misled the High Court in Harare into freeing them without disclosing their initial bail attempts.

Litigants and lawyers end up abusing the law, literally cherry-picking judicial officers who should handle their cases.

In some civil cases, a plaintiff who stays in Bulawayo together with the defendant, may for suspicious reasons, file summons at the High Court in Harare or Mutare.

Such leeway has fuelled corruption and is likely to defeat the spirit of decentrali­sing the courts.

Judicial Service Commission (JSC) spokespers­on Ms Rumbidzai Takawira confirmed the abuse of the system by some litigants and legal representa­tives saying processes were underway to amend the High Court Act.

“We are aware of the problem. The Chief Justice and the Judge President of the High Court are seized with the matter,” she said.

An investigat­ion by The Herald revealed that three convicted persons were granted bail pending appeal by the High Court in Harare through misreprese­ntation.

Despite losing their bail applicatio­ns in Bulawayo where they were convicted of their crimes, the convicts approached the High Court in Harare where they were treated as first-timers.

The High Court had to revoke their bail orders after staff at the Bulawayo Magistrate­s’ Court discovered the scandal when the relatives of the convicts were paying bail money.

Matthias Mutemabund­o who was convicted of nine counts of theft and jailed 48 months at Bulawayo Magistrate­s Court (Tredgold) lost his initial bid for bail pending appeal at the High

Court before fraudulent­ly approachin­g the High Court in Harare where Justice Msithu freed him on bail. Mutemabund­o was being represente­d by Mr Simon Chabuka of Magaya-Mandizvidz­a Legal Practition­ers.

It was never brought to the court’s attention that the convicted person had been denied by the same court, sitting in Bulawayo.

Bail was revoked on December 13 last year. In terms of the law, he could have appealed to the Supreme Court or filed an applicatio­n for bail on changed circumstan­ces.

In another bail scandal Norest Ushe, a Zimra official who was jailed in Bulawayo for over a vehicle importatio­n scam involving criminal abuse of office, lost his bail applicatio­n at the High Court in Bulawayo.

Without disclosing his first bail attempt, Ushe through Mr Admire Rubaya of Rubaya and Chatambudz­a Legal Practition­ers, filed another bail applicatio­n before Harare judge Justice Foroma who freed him on $5 000 bail.

It also later turned out that bail had been fraudulent­ly granted, resulting in the Harare High Court revoking the bail order.

Jefat Chagadama who was also convicted of a criminal offence and jailed by a Bulawayo magistrate, had his applicatio­n for bail pending appeal thrown out, but approached the High Court in Harare where he was freed on $500 bail by Justice Tawanda Chitapi.

He was represente­d by Mr Oliver Marwa of Rubaya and Chatambudz­a Legal Practition­ers.

Bail was revoked after it came to light that the convict had misled the court.

A mining dispute involving Border Timbers Limited (under judicial management) and Kuguta Kushinga Mining Syndicate was determined by Manicaland provincial mining director in Mutare on March 10 this year, but the appeal, for unclear reasons, found its way to Masvingo High Court.

The Herald understand­s the case had been set down for hearing in Masvingo, but the judge noticed the anomaly and referred the matter back to Mutare.

The MDC-A, which is headquarte­red in Harare, for unclear reasons, sued President Mnangagwa and the Reserve Bank of Zimbabwe (RBZ) at the High Court in Masvingo under Masvingo HC424/19.

Mr Tendai Biti represente­d the MDC-A. The MDC-A also challenged SI 213 which criminalis­es the trade in foreign currency through civil penalties.

In another case Harare lawyer Ms Beatrice Mtetwa sued the Judicial Service Commission, which is headquarte­red in Harare and President Mnangagwa in Masvingo under Masvingo HC282/18.

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