Published by the government of Zimbabwe
9 November 2009
Harare — HARARE magistrate Ms Chioniso Mutongi, who recently jailed a senior prosecutor for disrespecting the court, has resigned from the bench citing alleged interference, harassment and abuse by the prosecution authority.
Ms Mutongi also alleged that the Chief Magistrate's Office, failed to accord her the anticipated professional protection from the "attacks."
She jailed prosecutor-in-charge of Chitungwiza, Court Andrew Kumire, for five days after he sucked his teeth, producing a sound deemed to be contemptuous of the court after the magistrate sustained an objection by a defence lawyer.
This happened during the trial of Harare lawyer, Mr Alec Muchadehama, and a judges' clerk Constance Gambara on allegations of facilitating the release of three suspected terrorists in defiance of a High Court order.
Kumire was on the same day released on US$30 bail pending review, but Justice Tedias Karwi upheld Ms Mutongi's decision and the review failed.
When Ms Mutongi signed a warrant for Kumire to be brought before the court for committal to prison, another magistrate took over and granted him bail pending appeal.
Ms Mutongi, who was based at the Harare Magistrates' Court, has quit her job "for security reasons" and accused the Chief Magistrates' Office of failing to protect her from the alleged abuse and that it was no longer safe for her to continue working under such conditions.
In an interview with The Herald last Friday, Ms Mutongi said she had also received several threatening phone calls from anonymous callers.
"I also received threats on my phone from anonymous callers and I feel it is unsafe for me to continue working," she said.
In her resignation letter dated November 3, to the Chief Magistrate Mrs Hlekani Mwayera, Ms Mutongi said she could not continue working.
"I resign from the Ministry of Justice and Legal Affairs forthwith. My resignation has been occasioned by events that were glaringly unethical and unprofessional in the manner I ought to have discharged my duties as a magistrate without fear or favour.
"To put the event into proper perspective, your office (Chief Magistrate's) recalls very well the unpleasant experiences I went through when I tried to impartially handle the matter of State versus Alec Muchadehama and another.
"I had a torrid time during which I was entirely abused and harassed at the hands of the State prosecution, but I did not get professional protection from this office as I reasonably anticipated.
"Further to this, I only learnt with dismay that another magistrate had granted Andrew Kumire bail pending appeal in unclear and dubious circumstances wherein I am the trial magistrate for that particular case.
"I only recused myself from handling the case of Alec Muchadehama and another and not the Kumire case. That was a misnomer.
"I do not believe that I would be able to discharge my duties as a duly trained magistrate given that level of interference," she said.
Ms Mutongi felt Kumire's case was "a classical example of a convict walking scot-free as a beneficiary of unmitigated protection from some quarters."
"How can a person who has been committed to prison by a trial magistrate be granted bail by another magistrate who is not seized with the matter without spending even a minute in the cells?
"How can a person whose committal to prison has been confirmed by the High Court on review, be granted bail pending appeal by another magistrate when the trial magistrate has not recused herself from that particular matter?" read part of the letter.
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