High Court judges slate prosecutors

High Court judges slate prosecutors
Published: 17 September 2019 (68 Views)
BULAWAYO High Court judges yesterday lambasted prosecutors from the lower courts, saying they lacked enthusiasm and determination in their approach to legal matters resulting in wrongly convicted persons being acquitted on appeal.

Justices Maxwell Takuva and Thompson Mabhikwa took turns to berate prosecutors in the magistrates' courts, saying they lacked a better understanding of the law as evidenced by concessions by the State on appeal at the High Court.

The two judges, who were presiding over criminal appeals at the Bulawayo High Court, said there was laxity in the manner in which prosecutors in the lower courts handled criminal matters.

"There is laxity in terms of prosecution in the lower courts, which in most cases results in concessions and subsequently acquittals when the matters are brought here on appeal. In some cases, you find that exhibits are not even produced in courts, which in itself is a reflection of insouciance and poor prosecution. If fact, they lack thoroughness in handling matters," said Justice Takuva.

His anger was directed at Beitbridge regional court prosecutor Mr Munyonga Kuvarega whom he described as exuding lack of understanding of the law when he handled a matter involving a senior army cleric who was last year jailed six years for "stealing" a car belonging to a Gwanda businessman and stripping it.

Solomon Ndlovu (50), a captain in the Zimbabwe National Army (ZNA) and chaplain at Mbalabala Barracks, was in January last year convicted of theft of a motor vehicle by Beitbridge regional magistrate Mr Mark Dzira after a full trial.  Ndlovu was yesterday acquitted after successfully challenging his conviction and sentence before Justices Takuva and Mabhikwa.

The State, which was represented by Mr Khumbulani Ndlovu, conceded to the appeal, saying the matter was more civil than criminal.

Justice Takuva described as "nonsensical" the record of proceedings, saying it was full of irrelevant and unhelpful information.

"There is a need for someone to be serious about their work. It is absolutely nonsensical to bring a whole lot of documents to the High Court for us to go through when the information contained would be irrelevant. It's an issue of concern to us when the law is not being followed by prosecutors in the lower courts, particularly in this matter before us," he said.

Justice Mabhikwa weighed in: "Clearly, it appears the appellant (Solomon Ndlovu) in this matter got into a deal with the complainant, which could have somehow gone sour resulting in him reporting a case of vehicle theft. The prosecutor who handled the matter took a lackadaisical approach in this matter, a problem that is now more pronounced in the lower courts.

"The appeal is hereby allowed and both conviction and sentence are set aside. Accordingly, the appellant is found not guilty and acquitted".

Ndlovu was sentenced to six years in jail of which two months were suspended for five years on condition of good behaviour.  

A further six months were suspended on condition he restituted the businessman $2 500 leaving him with an effective 64 months to serve. Ndlovu allegedly borrowed a Toyota Hilux vehicle from the businessman, Mr Osfael Mazibuko and later stripped and stole the engine and gearbox.

He then fitted the engine and gearbox onto another vehicle. Aggrieved by both conviction and sentence, Ndlovu, through his lawyer Mr Abel Ndlovu of Dube and Associates, filed an appeal at the Bulawayo High Court citing the State as a respondent.

In his grounds of appeal, Ndlovu said Mr Dzira erred and misdirected himself by attaching a criminal liability to him for deviating and failing to perform according to the agreement that allowed him to take lawful possession and use the car. He argued that the agreement between himself and Mr Mazibuko was purely a civil matter.

"The trial court misdirected itself in holding that the State had proven the existence of my intention to deprive the owner permanently yet there was no evidence of the complainant demanding back the car any time before someone reported on his behalf," said Ndlovu.  

He argued that there was misdirection on the part of the magistrate who convicted and sentenced him. Ndlovu said the sentence imposed by the lower court was excessive and harsh such that it induced a sense of shock and revulsion. The State did not oppose the application, saying both the conviction and sentence were not proper.  

The complainant, who lives in Bulawayo, owns Fast Track Electrical Company in South Africa and runs farming and conservancy projects in Zimbabwe. According to State papers, sometime in July 2016 while in Bulawayo, Ndlovu was given the Toyota Hilux by Mr Mandla Sibanda, a manager at Mr Mazibuko's farm who had received instructions via the phone to do so from his boss.

On March 30 last year, Ndlovu drove the car from Bulawayo to Zezani turnoff along the Bulawayo-Beitbridge road. He then contracted a mechanic, Mr Norbert Mazhambe, who is employed by one Mr Lizwe Ndlovu, to remove the vehicle's engine and gearbox.

Mr Mazhambe removed the engine and gearbox as instructed before fitting them onto a Mazda B2200 vehicle. Ndlovu then dumped the Toyota Hilux body at Zezani turnoff. The offence was discovered when Mr Dennis Ndlovu found the vehicle body dumped and called Mr Mazibuko.  

A report was made to the police leading to Ndlovu's arrest.


- chronicle

 

You May Like These Videos

Comments

There are no comments.

Latest stories

PHOTOS: Job Sikhala becomes an instant internet joke

by Social media | 03 October 2019 | 244 Views

America says it is worried about Zimbabwe

by Mandla Ndlovu | 03 October 2019 | 297 Views

Madinda Ndlovu to be discharged tomorrow

by Staff reporter | 03 October 2019 | 182 Views

What are behavioral disorders and how can they be managed?

by Temba Munsaka | 03 October 2019 | 173 Views

Government speaks on Robert Mugabe's body parts

by Mandla Ndlovu | 03 October 2019 | 309 Views

Zacc recovers $100m property from looters

by Staff reporter | 03 October 2019 | 179 Views

WATCH: Mnangagwa apologises for destroying Zimbabwe satire

by Mandla Ndlovu | 03 October 2019 | 170 Views

Mphoko's application for release of passport dismissed

by Staff reporter | 03 October 2019 | 137 Views

Zanu-PF restructuring exercise begins

by Staff reporter | 03 October 2019 | 140 Views

Petrotrade declares $1.5 million dividend

by Staff reporter | 03 October 2019 | 92 Views

MSU, Zupco seal bus deal

by Staff reporter | 03 October 2019 | 161 Views

Mnangagwa to open ZMF conference

by Staff reporter | 03 October 2019 | 145 Views

High Court sets EcoCash hearing date

by Staff reporter | 03 October 2019 | 142 Views

Mphoko barred from leaving Zimbabwe

by ZimLive | 03 October 2019 | 143 Views

CIO agents monitor Jonathan Moyo in Kenya

by Mandla Ndlovu | 03 October 2019 | 367 Views

Acie Lumumba targets criminals around Mnangagwa

by Mandla Ndlovu | 03 October 2019 | 350 Views

$100 limit for cash-out transactions

by Staff reporter | 03 October 2019 | 251 Views

ANC starts anti-sanctions campaign

by Staff reporter | 03 October 2019 | 143 Views

ZESN calls for political parties regulation

by Staff reporter | 03 October 2019 | 126 Views

We've no forced labour evidence on Zimbabwe diamonds, says US Embassy

by Staff reporter | 03 October 2019 | 139 Views

Ex-ZPC board chairman freed on bail

by Staff reporter | 03 October 2019 | 134 Views

Cyber Bill seeks to safeguard citizens

by Staff reporter | 03 October 2019 | 110 Views

Cassava launches Vaya tractor services

by Staff reporter | 03 October 2019 | 147 Views

MDC Alliance boycott slammed

by Staff reporter | 03 October 2019 | 100 Views

10-man Bulawayo Chiefs stun Harare City

by Staff reporter | 03 October 2019 | 111 Views

Zimbabwe has a reputational problem, says US

by newzimbabwe | 03 October 2019 | 124 Views

MDC Alliance walk of shame

by Nduduzo Tshuma | 03 October 2019 | 184 Views

MDC councillors want suspension of Cowdray Park projects

by Staff reporter | 03 October 2019 | 113 Views

RBZ floats $300m additional TBs

by Staff reporter | 03 October 2019 | 105 Views

Teenagers rob soldier

by Staff reporter | 03 October 2019 | 116 Views

Duo rape corpse, get death sentence

by Staff reporter | 03 October 2019 | 122 Views

Mnangagwa to fly out for the zenith times

by Staff reporter | 03 October 2019 | 106 Views

Chamisa's MPs approach court to reverse 5 months allowance garnish

by newzimbabwe | 03 October 2019 | 84 Views

Zimra official forges Customs papers

by Staff reporter | 03 October 2019 | 69 Views

Zifa courts two nations for Warriors' friendlies

by Staff reporter | 03 October 2019 | 56 Views