Harare — SILENCE in court. A man is ordered to pay maintenance for the upkeep of his children. Incensed by the order, he gets up, trudges to the magistrate and beats her up. The court sentences him to 45 days' imprisonment.

This is enough to send chickens laughing throughout the whole village.

This looks like a scene from a fictitious television drama but the sad incident occurred mid this month at the Civil Courts in Harare when businessman Kenneth Togara became abusive and threw papers at magistrate Ms Precious Muzondwa before slapping her because he disagreed with her verdict.

The incident occurred right in the eyes of a packed courtroom.

We are told chaos ensued as people in the gallery fled from an irate Togara.

Togara was apparently angry that magistrate Muzondwa had ordered him to pay US$400 a month for the upkeep of his three children until they reached the majority age, 18.

The businessman had no kind words for the magistrate either, calling her "an idiot" and ordering her to "shut up".

"Shut up, you idiot. You are biased because you are also a woman. This is very unfair," he was quoted as saying.

The incident that occurred a fortnight ago raises a lot of questions about the security of court officials like magistrates and prosecutors. Are they safe? What should be done to protect them from unrepentant individuals like Togara? Is 45 days enough punishment for such rowdy behaviour?

While Togara's behaviour was uncalled for and immoral, it exposed the vulnerability of court officials to criminal elements like Togara.

Ms Slyvia Chirawu, Women and Law in Southern Africa national co-ordinator, says by their architectural design, the Harare Civil Courts are not safe and expose court officials to both verbal and physical abuse by some rogue elements.

"We have security concerns around the Civil Courts in Harare. By design, they are not meant to be courts. Inside the courts there are no physical barriers separating the magistrate from the gallery, thereby exposing court officials to abuse.

"You have a magistrate seated behind a desk and in front of her is the gallery," she said.

Ms Chirawu suggested that responsible authorities ensure that there is a police officer in every courtroom whenever it sits.

These are referred to as court orderlies.

"There should be a police officer in each court to ensure security. In some cases the only court officials you see are the magistrate and an interpreter," she said.

Ms Chirawu brings in the gender issue arguing Togara had the guts to assault magistrate Muzondwa because she is female.

"I wonder if he would have taken the same action had the magistrate been a man. All magistrates should be given equal protection but in this case there is an implication on gender. In the maintenance court, people think women sympathise with each other."

She is also not happy with the "lenient" punishment meted on Togara.

To her and probably many other observers out there, 45 days do not match the gravity of the offence especially when considering that it was committed right in the courtroom.

"To send a strong warning to would-be offenders, he (Togara) should have been given a six-month jail term. His behaviour was not only contemptuous of court but also criminal in that he assaulted the magistrate," Ms Chirawu said.

From Ms Chirawu's observations, unlike judges, magistrates and prosecutors are not safe at work and home.

"Unlike judges whose homes are under guard 24 hours and relatively secure, some magistrates do not own houses and are lodgers. They also do not have vehicles and commute to work putting their lives at risk as there is a lot of interaction with the public," she said.

According to Ms Chirawu, magistrates are not safe even at their workplaces.

"One can just walk into a magistrate's office especially at the Civil Courts without questions being asked placing them at risk from criminal elements."

The Zimbabwe Women Lawyers' Association is equally disappointed by the lack of security at the magistrates' court as evidenced by the attack on magistrate Muzondwa.

"ZWLA notes with concern and great disappointment the lack of security in the magistrates' court which led to a defendant attacking Ms Precious Muzondwa. Would this have happened if it was a male magistrate?" it said.

"As an organisation we are concerned about the female magistrates and judges who are vulnerable to attacks from irresponsible fathers and estranged husbands as demonstrated by the said businessman. We urge all responsible stakeholders and the relevant ministry to ensure that there is adequate security and protection of magistrates as they carry out their duties."

ZWLA said maintenance was a responsibility that should come naturally from any parent towards his or her minor children.

"We call for stiffer penalties towards perpetrators of all forms of violence, particularly violence on defenseless female magistrates in the course of their duties. We also take this opportunity to counsel all parents to honour their responsibilities and obligations towards their children by ensuring that they have food, are in school, have access to medical health facilities and live in sufficient housing."

The Law Society of Zimbabwe is equally incensed by the attack on magistrate Muzondwa, but its president Mr Josphat Tshuma explains the absence of court orderlies in civil courts.

"In criminal matters there is always a police officer to ensure order and protection of court officials. You will find that at the High Court whenever they are hearing criminal cases there is a court orderly.

"In civil matters, police officers are not ordinarily there. This is because there are two citizens in court who are saying we have a dispute and we have come to court for arbitration. The role of the court is to hear evidence and make a decision. There is no policeman there because it is not a criminal matter and ordinarily people do not become that violent."

Mr Tshuma had advice, too, for the likes ofTogara.

"In terms of the maintenance laws, once an order is made, it is effectual and you must obey it. The only recourse is to appeal but one must be paying maintenance during that period as children do not stop eating."