By A Correspondent| A Magistrate at Chivi Magistrate’s Court is at the centre of a storm, setting the National Prosecuting Authority and the Judicial Services Commission on a collision course.
This comes after the magistrate, Caroline Tafira Nyoni allegedly caused the arrest of two senior prosecutors at the court for asking for an adjournment and ammending a charge sheet which the Prosecutors Association of Zimbabwe (PAZ) described as intimidation and harrasment.
The two prosecutors Phinos Kwangwari and Kudzai Dhemba have since been freed after their prosecution was declined at Masvingo Magistrate’s Court.
They had been charged with contempt of court and criminal abuse of duty with the police alleging that they had misled the court by stating that a suspect had been arrested for dealing in 20 litres of diesel yet they had 60 litres.
In a statement, PAZ said it was “deeply concerned by the arrest and harassment of two public prosecutors stationed at Chivi Magistrates Court including the Public Prosecutor in Charge” for executing their duties.
“Allegations that occasioned their arrest arise from a matter which was procedurally vetted and properly placed before the court; be that as it may, the Prosecutors are being charged with abuse of public office emanating from properly amending and drafting a charge sheet and State Outline of the State Case and Asking for an adjournment during court proceedings Prosecutors Association of Zimbabwe notes with concern that these allegations arise from the conduct of prosecutors during the course of their work.
“Prosecutors are guaranteed protection by the law and constitution of the Republic of Zimbabwe to execute their duties without fear of harassment, intimidation or threats of being arrested in conducting their duties.
“The incident in Chivi Magistrates is therefore worrying and distressing.
“Prosecutors Association of Zimbabwe applauds the decision made not to place the two prosecutors on remand on the allegations emanating from the course and confinements of their duties,” the letter reads.
Sources close to the developments told this publication that this is not the first time that the same magistrate has found herself in similar controversy, one of which led to her being transferred from Mberengwa court.