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Justice Martin Makonese

Leonard Ncube in Hwange
BULAWAYO High Court Judge, Justice Martin Makonese has bemoaned the prevalence of murder cases resulting from crimes of passion and those perpetrated by mentally challenged persons.

Officially opening the 2018 Hwange High Court circuit here, Justice Makonese appealed to members of the public to desist from using violence when resolving disputes.

He attributed the crimes of passion to disintegration of the family unit, harsh economic conditions and infidelity among others.

“I note with concern that there is an ever increasing number of murder cases arising from what are usually referred to as crimes of passion. There are members of the society who resort to violence as a means of resolving disputes and hardly a day passes in the country without the media reporting that a spouse has been killed in cold blood by a dejected or frustrated partner,” said Justice Makonese.

He said misunderstandings arising from love triangles and extra marital affairs are usually at the centre of the horrendous crimes.

Justice Makonese said crimes of passion affect both poor and rich families.

He said murder usually occurs when one would have heavily invested on their partner both financially and emotionally only to discover that his or her spouse has been cheating. “It is my view that the general disintegration of the family unit coupled with harsh economic conditions has left many families or couples in distress with no platform for the settlement of domestic disputes.

“I urge all stakeholders namely ZRP, Social Welfare, traditional leaders, civic organisations and the generality of the traditional extended family not to turn a blind eye to families or relationships in distress,” said Justice Makonese.

He said the courts will continue to impose stiff and deterrent sentences against perpetrators.

Justice Makonese said it was unfortunate that mental illness was not being given the attention it deserves.

He said there was a substantial number of cases whose perpetrators are mentally challenged calling on the Government to ensure that mentally ill individuals are monitored to prevent crime.

The judge said the courts were also concerned about increasing cases of child sexual abuse as he advocated for life imprisonment for offenders.

“Cases of child sexual abuse continue to increase. My view is that in appropriate circumstances especially where mature adults rape girls as young as two years, life imprisonment should be imposed. Such offenders should be completely removed from the society and be locked away for the rest of their lives,” said Justice Makonese.

He said it was disheartening to note that some of the rapists would be HIV positive hence exposing victims to risk of infection. The Judge said some of the rape cases are driven by traditional beliefs and urged traditional leaders and civic organisations to educate the public to shun such criminal activities.

Justice Makonese said the judiciary will always strive to dispense justice impartially and expeditiously.

He urged the Judicial Service Commission and the Government to improve conditions of service for judges and magistrates and other members of staff. Ten murder cases are lined up for the two-week long circuit.

Last year the circuit completed 23 cases out of 32 that had been set down leaving nine pending.

The official opening was attended by traditional leaders from Hwange district, members of the judicial and legal fraternity, service chiefs, the business community and other stakeholders. — @ncubeleon