The year 2015 was an eventful one on the legal scene. The following are some of the issues which made headlines on the legal scene.
by Staff Reporter
Section 121 (3) of the Criminal Procedure and Evidence Act Prosecutor-General Johannes Tomana can no longer enjoy detaining accused persons for an extra seven days even when they have been granted bail by competent courts.
The development came on the back of a successful constitutional application made by MDC-T activist Fanuel Kamurendo and four others after their continued detention in terms of Section 121 (3) of the Criminal Procedure and Evidence Act.
The suspects, accused of public violence, malicious damage to property and disorderly conduct, approached the Constitutional Court (ConCourt) arguing that the section was constitutionally impermissible in that it allowed prosecutors to arbitrarily deny accused persons granted bail by a magistrate their right to liberty.
The ConCourt in September unanimously ruled the section unconstitutional.
Chief Justice Godfrey Chidyausiku admonished the State during the hearing.
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“You derive pleasure in keeping the accused persons in custody for seven more days. It is more sadistic than legal,” he said.
The apex court decision brought a huge relief to human rights defenders and activists, who more often than not ended up on the shorter end of the provision. Harare Magistrates’ Courts The Harare Magistrates’ Courts had moments when it resembled a war zone when riot police were deployed each time activists were being brought to court.
These chilling scenes were seen when jailed cleric Robert Martin Gumbura and eight others were brought to court on attempted jailbreak charges in March this year.
The situation was the same when National Vendors’ Union of Zimbabwe leader Sten Zvorwadza and 14 others were arrested on public violence charges.
Gumbura is alleged to have attempted to break out from Chikurubi Maximum Security Prison in a politically-motivated move.
However, the most gripping was in May when the police riot squad was deployed to contain hordes of Zanu PF supporters who had come in solidarity with Harare provincial party youth leader Godwin Gomwe, who had been arrested on charges of extorting $46 000 from housing co-operatives.
The State was taking no chances as the fiery youth leader had six months earlier shown his mobilisation power as he traduced the country as a lightning rod for the expulsion of former Vice-President Joice Mujuru from both party and government positions in the company of First Lady Grace Mugabe.
For the first time in recent memory, armed police patrolled in the hallowed corridors of justice and people who had no business were ferreted out.
Elton Mangoma The year also witnessed the trial and acquittal of former Energy and Power Development minister Elton Mangoma for criminal abuse of office as a public officer.
Mangoma was accused of ordering power utility Zesa Holdings to award OK Supermarkets a contract to sell electricity vouchers without going to tender.
However, regional magistrate Hosiah Mujaya acquitted him at the close of the State case, saying the prosecution had failed to prove a prima facie case against the former minister.
As the year drew to a close, the media fraternity woke up to the shock that Sunday Mail Editor Mabasa Sasa and his reporters Brian Chitemba and Tinashe Farawo had been arrested for publishing falsehoods.
They were accused of implicating a senior police officer in a poaching ring that had poisoned elephants in Hwange National Park.
Their trial is set to kick off on February 29 next year. Land barons It was also the year that “land barons” in the capital were arrested and arraigned before the courts for allegedly fleecing millions of dollars from desperate home-seekers. Among the alleged land barons netted was suspended Zanu PF ward 25 councillor Frederick Mabamba, accused of selling more than 8 000 stands in Chitungwiza. However, no land baron has yet been convicted as the year draws to an end.
