VI. Magistrates and Prosecutors under Pressure
Intimidation, Threats and Attacks against Magistrates
The government has taken a different approach to the country’s magistrates than it
has with the judges. While there is no evidence that the government has attempted
to purge the magistracy or replace independent magistrates with ruling-party
sympathizers, available information points to both threats and intimidation intended
to cow magistrates into toeing the ruling party line and to the misuse of judicial
procedure to circumvent their authority.51
The government’s strategy has been effective in smaller towns and rural areas where
ZANU-PF formerly had total control. Human Rights Watch learned of attacks on
magistrates by ZANU-PF members and its allies in small towns such as Bindura,
Rusape and Gutu. But the government’s strategy has not worked well in the two
major cities, Harare and Bulawayo, where the majority of junior magistrates still
display some independence.52 There, magistrates routinely grant bail to detained
MDC activists, contrary to the wishes of the government.53
As a counter-measure, government prosecutors often invoke section 121 of the
Criminal Procedure and Evidence Act (CPEA), which provides prosecutors with the
opportunity to file a notice of intention to appeal against a bail ruling.54 By noting an
intention to appeal, a magistrate’s order to release a suspect is immediately
suspended, giving the prosecution seven days to prepare an appeal, during which
time the accused must remain in police custody.55
51
Human Rights Watch interview with three former magistrates, Harare, August 29, 2008. All three said they felt compelled to
resign following threats to their lives by suspected ZANU-PF supporters and lack of assurances of protection from government.
52
Human Rights Watch interview with serving magistrate, Harare, August 18, 2008: most junior magistrates have not
benefited from government’s patronage, therefore ensuring some independence in their ranks. However, some senior
magistrates were allocated land under the government’s land reform program, thus compromising their independence.
53
Human Rights Watch interview with serving magistrate, Harare, August 18, 2008: “Our power as magistrates to grant bail
has completely been usurped by prosecutors, because the mere noting of an intention to appeal by a prosecutor means that a
magistrate’s power to grant bail is immediately cancelled and the accused is sent to remand prison.”
54
Criminal Procedure and Evidence Act, Chapter 9:07, sec. 121 (1).
55
Human Rights Watch interview with a former magistrate, Harare, August 28, 2008.
19
Human Rights Watch November 2008
Select target paragraph3
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