– Hopewell Chin’ono case

Is a magistrate or a judge above the law? Can they do what they want and punish you unfairly or illegally? Are judicial officers totally immune from prosecution over crimes that they have committed inside the courtroom while in the exercise of their normal duties?

A legal expert who once represented the abducted journo Itai Dzamara, Kennedy Masiye, argues using several sections of the Constitution of Zimbabwe. He comments following the case of Beatrice Mtetwa who was kicked out the courtroom yesterday while representing her client, the journalist Hopewell Chin’ono.

He tells ZimEye, there is nothing such as absolute immunity for judicial officers in Zimbabwe.He quotes from for instance, Section 50. Rights of arrested and detained persons. It reads in part:

8. An arrest or detention which contravenes this section, or in which the
conditions set out in this section are not met, is illegal.
9. Any person who has been illegally arrested or detained is entitled to
compensation from the person responsible for the arrest or detention, but a law
may protect the following persons from liability under this section–
• Protection from false imprisonment
a. a judicial officer acting in a judicial capacity reasonably and in good faith;
b. any other public officer acting reasonably and in good faith and without
culpable ignorance or negligence

VIDEO LOADING BELOW…

https://youtu.be/TCERYYJH-YQ

REFERENCES:

Block, Frederic. 1999. “Qualified Immunity: A View from the Bench.” Touro Law Review 15 (summer).Duffy, Shannon P. 1999. “Judges Have Absolute Immunity for Actions on the Bench, Circuit Rules.” New Jersey Law Journal 157 (September 27): 7.

Morgan, Thomas D., and Ronald D. Rotunda. 1993. Professional Responsibility: Problems and Materials. 5th ed. Westbury, N.Y.: Foundation Press.

Romo, Cheryl. 2002. “Jurist’s Infamous Case Set Judicial Immunity Precedent.” The Los Angeles Daily Journal 115 (December 30)