JSC appoints  magistrates to deal with political violence

 Grace Moyo

The Judicial Service Commission has appointed magistrates in all 10 provinces of the country to preside over cased of politically motivated violence and intimidation over the next six months.

JSC chairperson and Chief Justice Luke Malaba made the announcement in a Statutory Instrument of an extraordinary Government Gazette.

According to the SI the appointed judges will “try cases of politically motivated violence and intimidation in the provinces under which their names appear before, during and after the harmonised elections for President, Members of the National Assembly and councillors scheduled to take place on August 23.”

In Matabeleland South, magistrates, Charity Maphosa, Arafat Kozanai, Takudzwa Gwazemba, Jeconia Ncube, Busani Sibanda and Abednico Ndebele have been appointed to deal with cases of politically motivated violence.

Lindiwe Maphosa, Aillene Madzorera, Godswill Mavenge, Barbara Ntambile Phiri and urgent Vundla will adjudicate  in Matabeleland North.

Sangster Tavengwa, Rachel R Makanga, Tinashe Langton Ndokera, Progress Murandu, Courage Ian Mudenda, Victor Mpofu and Thomas Gurajena are responsible for Bulawayo.

In total, 76 magistrates have been appointed across all the provinces to deal with cases of politically motivated violence.

The provision for special courts was introduced in the Electoral Act before the 2013 elections following the widespread political violence of 2008, in section 133J (3) which provides that,”…immediately after an election has been called the Judicial Service Commission [JSC] must “designate one or more magistrates in each province …to try cases involving politically-motivated violence and intimidation.”

Part XVIIIA and Part XVIIIB of the Electoral Act provide special measures for the investigation, prosecution and trial of cases of politically-motivated violence and intimidation, and the punishment of people convicted of such violence or intimidation.

The measures provided for are: Designating magistrates courts to deal with politically-motivated violence and intimidation; Requiring the Prosecutor-General to provide competent prosecutors to deal with these case promptly, Requiring the Commissioner-General of Police to take measures to ensure that cases of politically-motivated violence and intimidation are properly investigated; Making candidates and office-bearers of political parties responsible for ensuring that their supporters do not engage in politically-motivated violence or intimidation; special penalties that can be imposed for politically-motivated violence and intimidation.

Oswald Sibanda, a political analyst said while the move to appoint magistrates is a positive one and is in keeping with the Electoral Act, the onus is on the magistratres to demonstrate impartiality and strength when dealing with perpetrators of political violence.

“This is a noble development which is demanded by the law but the big question is, are the magistrates capacitated to deal with perpertrators without fear or favour? I say so because in the past, we have seen ruling party thugs committing political violence and not only getting away with it but having their victims arrested. My view is that our institutions have been weakened and I stand to be proved wrong on this,” he said.

The Judicial Service Commission has also appointed 35 High Court judges to be Judges of the Electoral Court Division who will hear electoral petitions and arbitrate in electoral disputes.

Malaba appointed the 35 judges of the Electoral Court Division of the High Court “in terms of the Electoral Act after consultation with the Judicial Service Commission and the Judge President of the High Court. The judges are available to the division from June 1 to December 31.”

The appointed judges are Judge President Maria Dube, Garainesu Mawadze, Happias Zhou, Joseph Mafusire, David Mangota, Maxwell Takuva, Amy Tsanga, Nokuthula Moyo, Esther Muremba, Davison Moses Foroma, Tawanda Chitapi, Nyaradzo Munangati-Manongwa, Phildah Muzofa, Isaac Muzenda, Neville Wamambo, Sylvia Chirawu-Mugomba, Benjamin Chikowero, Pisirai Kwenda, Jacob Manzunzu, Evangelista Kabasa, Christopher Dube-Banda, Siyabona Musithu, Sunsley Zisengwe, Webster Chinamora, Gladys Mhuri, Emilia Muchawa, Fatima Maxwell, Rodgers Manyangadze, Joseph Chilimbe, Cathrine Bachi-Muzawazi, Bongani Ndlovu, Samuel Deme, Munamato Mutevedzi, Never Katiyo and Lucie-Annie Mungwari.

According to the Electoral Act, ” The Electoral Court is a court of record with exclusive jurisdiction to hear appeals, applications and petitions and to review any decision of the Zimbabwe Electoral Commission or any other person made or purporting to have been made under that legal provision. The court shall have powers to give such judgments, orders and directions in those matters as might be given by the High Court.”

President Emmerson Mnangagwa proclaimed August 23 as the date of the harmonised elections. All is set for the Nomination Court to sit on the 21st of June to consider nomination of candidates.