Judge warns perpetrators of political violence Justice Martin Makonese

Patrick Chitumba, Midlands Bureau Chief

BULAWAYO High Court Judge Justice Martin Makonese has warned perpetrators of political violence that the courts are ready to deal decisively with acts and conduct aimed at causing chaos in the country in the run up to this year’s general elections.

Officially opening the 2023 Gweru High Court Circuit yesterday, Justice Makonese said as the country prepares for the 2023 harmonised elections, it is hoped that the prevailing peace in the country will be maintained. 

He said the country is enjoying general peace and tranquility attesting to the existence of a stable environment of liberty in which individuals pursue their business freely. 

“On its part, the judiciary is ready to perform its constitutional mandate as enshrined in the Constitution of Zimbabwe. In terms of section 164 of the Constitution, the independence of the judiciary is guaranteed. 

“To that extent, any person who shall disturb the general peace that is prevailing must be warned that the courts are ready to deal decisively with those that cause violence, chaos or any other such conduct designed to disturb the peace in the country,” he said.

Justice Makonese said Zimbabwe is a constitutional democracy and as such elections must be conducted in a free and fair atmosphere. 

He said members of the public who shall violate the laws of the country will only have themselves to blame. 

“It is important to underscore the fact that peace and security are at the core of any functional democracy. Any political contestation among political parties must be done within the confines of the laws of Zimbabwe. Political violence has no place in a democratic state,” he said.

Justice Makonese said there has been an upsurge in murder cases in the country in every province. 

“The High Courts in Harare, Bulawayo, Masvingo, Mutare and Chinhoyi deal with a huge volume of murder cases. These cases usually arise out of petty disputes and misunderstandings. In a number of cases, the courts have dealt with a significant number of murder cases arising from domestic disputes. 

“I call upon traditional leaders and elders to assist in resolving domestic disputes, mainly arising out of incidents of infidelity and cases involving crimes of passion,” he said.

Justice Makonese said the judiciary shall apply the law effectively without fear or favour on all cases brought before them. 

“Stiff custodial sentences shall be imposed in appropriate cases. Those who harbour and assist perpetrators of violent crime must be warned that the long arm of the law will catch up with them,” he said.

Justice Makonese said the number of mining disputes being brought before the courts were on the increase. 

These disputes, he said, range from boundary disputes over mining locations, farmer and miner disputes, disputes relating to over-pegging and encroachment onto existing mining blocks.

“I urge the Ministry of Mines and Mining Development to equip the Provincial Mining Directors (PMD)in the various provinces with sufficient skills and resources to handle and determine mining disputes,” he said.

Justice Martin Makonese

Justice Makonese said in terms of section 354 of the Mines and Minerals Act, the PMD is empowered to grant an injunction in respect of any mining location in the area of their jurisdiction where a complaint is raised that the holder of mining rights has been obstructed or interfered with in the enjoyment of his/her rights in respect of the mining claims. 

The Act, he said empowers the PMD to deal with issues of encroachment as provided under Section 353 of the Act.

“It is important to note, however, that the Provincial Mining Directors should act impartially and in accordance with the law where disputes arise. It is improper for a Provincial Mining Director to simply issue a letter ordering the stoppage of mining operations at the instance of one party to a dispute without carrying out thorough investigations,” said Justice Makonese.

He said it has come to the attention of the courts that in some cases, mining operations are ordered to cease in order to allow one party to loot mining resources under the pretext that a dispute has arisen. 

Justice Makonese said the courts are inundated with mining disputes. 

“The same cases are litigated over and over again, with the same parties and same subject matter. This practice must stop. What is of concern is that in specific cases two or more individuals/entities, are issued Certificates of Registration with respect to mining claims in the same location. This scenario raises a lot of questions and suspicions and must be urgently addressed by the Ministry,” he said.

Justice Makonese said it has been noted that in most trials, senior lawyers tend to assign junior and inexperienced legal practitioners to handle murder trials. 

He said whilst junior lawyers need to be exposed to complex matters in the High Court, there is a need for senior lawyers to mentor and supervise young inexperienced lawyers

Justice Makonese said justice is not done where a lawyer who has never appeared in the High Court, appears for the first time to represent an accused facing a murder charge without any guidance. 

“In some cases, both the prosecutor and the legal practitioner handling the case are inexperienced, leading to a situation where the judge has to constantly intervene to assist both defence counsel and the prosecutor. This is not desirable. This gives the impression that the court is descending into the arena. I urge all senior legal practitioners to ensure that young lawyers in their respective firms are adequately supervised,” he said.

Justice Makonese said it is not fair for an accused person facing a serious offence such as murder to be represented by a legal practitioner who is literally learning on the job. 

“In the same breath all legal practitioners must adequately prepare for trial, ensuring that they familiarise themselves with the law and case law on the subject at hand,” he said.

Justice Martin Makonese

He said legal practitioners owe a duty to the court to provide accurate information to the court on any issue adding that they must render accurate and truthful legal advice to their clients. 

Justice Makonese said it is unprofessional for a legal practitioner to mislead the court and equally to give false advice to their clients. 

“It is important for legal practitioners to perform the work entrusted to them by clients with proper assiduity. He or she must render legal assistance to clients with scrupulous care and diligence. It is the duty of every attorney to endeavour to curb every tendency of discourtesy in all relationships, professional and otherwise. The temptation to write insulting letters to fellow legal practitioners should be resisted.  I urge legal practitioners to uphold the law and at all material times, a lawyer must further the administration of justice to the best of his or her ability,” he said.

 

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