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Kamangeni Phiri Midlands Bureau Chief
CHIEF Magistrate, Mishrod Guvamombe, has called on magistrates to thoroughly study parts of the new constitution that are relevant to their work and come up with appropriate sentences on litigants. Speaking at the swearing-in ceremony of three magistrates at Gweru Magistrate’s Courts yesterday, Guvamombe said magistrates should continuously develop themselves professionally and adapt to the ever-changing law landscape.

“The adoption of a new constitution in Zimbabwe is certainly the dawn of a new era where Zimbabweans are celebrating a number of milestones in the constitution particularly on a widened and more ‘justiciable’ Bill of Rights. It will, therefore, be a tragedy for a judicial officer to fail to appreciate the rights which the constitution gives to arrested and detained people for example. You need to thoroughly study those parts of the constitution which directly impact on your work as magistrates.

The law changes every day and if you do not evolve with it, you risk applying the wrong principles of law to the cases which come before you. You need to continuously develop yourself professionally,” he said.

Guvamombe’s statement comes barely a month after Gweru magistrate, Gertrude Mayonyose, and lawyer, Tonderai Chitere, were exposed by Bulawayo High Court  Judge, Nokuthula Moyo, who reversed a judgment Mayonese had passed on a stocktheft case early this year.

Mayonyose had fined Felix Tafirei Mujuru $400, after convicting him of stealing a neighbour’s bull.
A retrial of the same case resulted in Mujuru being sentenced to an effective nine years in prison.

Chitere was blasted by Justice Moyo for “manufacturing facts” that contradicted his client Mujuru’s version of recorded facts.
Both the magistrate and the defence counsel were attacked for finding special circumstances in a matter that had none.

Guvamombe yesterday could not be drawn to comment on the fate of Mayonyose repeating his earlier terse statement: “We are seized with the issue.”
He said he could not elaborate further since the matter was sub-judice.

On yesterday’s swearing-in event, Guvamombe called the new magistrates to shun corruption and embrace professionalism.
The three magistrates who were sworn-in yesterday are Vimbai Filda Makora, Sharon Rutendo Rakafa and the only male, Tafadzwa Mhlanga.
Mhlanga is stationed at the Masvingo magistrate’s courts and had to be in Gweru for the swearing-in event.