LAWYERS DEMO : DELIVERY OF JUSTICE OR PROTECTING THE CASH COW ?
By Hosia Mviringi
31 January 2019
On 29 January 2019 the nation woke up to the news that Lawyers under the banner of the Law Society of Zimbabwe was demonstrating against lack of or misdelivery of justice in the Courts in Zimbabwe.
I write this article with a heavy heart knowing that my brother is a loyal member of the fraternity.I will try to be professional and speak my mind.
What baffles the mind is the fact that the Lawyers are officers of the same Courts which they have served under the Law Society of Zimbabwe in defence of the accused for many years since independence.They have not seen this so called misdelivery of justice until only yesterday after the violent demonstration of the 14th of January 2019.
What has changed now to warrant the demonstration by the Lawyers against the same Courts to which they have served or are serving as officers and partners ?
Lets try to unpack the conundrum.
Soon after elections in July 2018 the nation had a spectacle in the Constitutional Court where the best legal minds in the local fraternity competed against each other for supremacy in representing their clients.The most educated nation discovered that they were not yet learned enough when they began to learn new legal jargon everyday.
All lawyers went in there with confidence knowing that justice would be delivered and served.The case went well and losers accepted defeat and until now they are busy working out the sums to the cost of that legal attempt.Until then there was justice in the Courts of Zimbabwe.Even the most ardent supporters of different political parties had confidence in the Courts.
Fast forward to 23 January 2019.The newly appointed Prosecutor General Mr Kumbirai Hodzi took oath of office.The new PG took the opportunity to outline his plan for the Judicial Services in Zimbabwe and he singled out Corruption in the Legal fratenity as one of his first targets for elimination.Mr Hodzi never said he was targeting any specific lawyers for elimination to warrant outrage, but his target was to eliminate Corruption in the legal fraternity.
By the way Mr Kumbirai Hodzi will be remembered for his pledge when he took office as acting Prosecutor General when he said that his target was to achieve Zero acquital rate.Meaning that he will ensure that he takes only watertight cases to court, with almost 100% conviction probability.I loved his commitment and zeal to fight the scourge of corruption which has eroded public confidence in the justice delivery system.
Corruption has seen this nation begrudgingly wear the unfashionable badge of being amongst the top ten most corrupt nations in Africa.
Mr Hodzi quickly identified corruption in the legal fratenity as the biggest impediment to the attainment of his goal of Zero acquital rate and he set out to cleanse this sector first.
His first port of call was the bench and Chief Magistrate Mishrod Guvamombe became the first casualty of that operation for gross abuse of office which amounted to corruption.
Now considering the position of lawyers as the intermediaries of the Courts it goes without saying that some unscrupulous lawyers become conduits for dirty money changing hands between the accused and the Judges.In other words I am saying if judges are corrupt in any way then lawyers are complicit, they are responsible for the corruption.
Naturally the arrest and subsequent suspension of Chief Magistrate Mishrod Guvamombe sent shockwaves in the legal fraternity.Anyone who have cared to investigate knows pretty well that the Rotten Row Magistrates Courts had become the bastion for corruption.Cash would change hands even in such open places as the car park in exchange for freedom of the accused.
Lawyers had become the link to these nefarious activities.
Now lets go back to the recent violent strike by MDC Alliance supporters on 14 January 2019.Lets try to name a few lawyers who belong to or sympasise with the MDC Alliance and are members of LSZ.
How do you separate Advocates Jacob Mafume, Tendai Biti, Thabani Mpofu, Douglas Mwonzora, Beatrice Mtetwa, Dave Coltart, David Coltart, Job Sikhala, Fadzai Mahere, Nelson Chamisa, Job Sikhala, Welshman Ncube and many others from the MDC Alliance ?
Does it ring a bell here that these said lawyers represent a chunk of the LSZ membership which is very influencial ?
Does it take a rocket scientist to tell that these Cdes are visibly and understandably so agrieved by the recent convictions which have seen some senior MDC Alliance members being slapped with lengthy jail sentences ?
Amos Chbaya is on bail facing serious criminal charges which could see him jailed for a lengthy term.So is a number of MDC Alliance Councillors from Chitungwiza, Marondera and elsewhere.Some other senior Party members such as Charlton Hwende have fled into exile for fear of being arrested on charges of inciting violence, while others have warrants of arrest hanging over their heads.
Does it then take a rocket scientist to tell that this demonstration by the Law Society of Zimbabwe has nothing to do with the delivery of justice in Zimbabwe but an advancement of a certain political cause, most notably that of the MDC Alliance Party ?
It is evident from the above narration that this demonstration by the lawyers had more clearly visible marks of a political protest than a cry for justice or anything else as purported.The most senior memberd of the MDC are drawn from and keep their membership with the LSZ.
Yet their influence there cannot be underestimated.Thus making the LSZ a poisoned chalice.
It is the grooming and breeding ground for MDC activism.
This I am saying so that the nation has a true appreciation of who we are dealing with and the real hand behind.
Some if not most of the lawyers affiliated to the Law Society of Zimbabwe form the core of the Zimbabwe Lawyers for Human Rights.A grouping well known for defending opposition criminals.A grouping known for shielding opppsition activists from the prescriptions of the law.
This is the group that advertised their free services ahead of the Violent Stay Away protest by the MDC Alliance and its partners.In other words they became the guarantors to a demontration which was deliberately fashioned to perpetuate civil disorbedience and forment strife.No sane person can doubt that the ZLHR together with the Zimbabwe Hospital Doctors Association were sitting at the same table with the planners of the violent demonstration.
The action was boldly taken on the strength of the guarantees for justice by the Lawyers.Now it takes no guess work to see why the Law Society of Zimbabwe are suddenly annimated and agitated by the recent convictions.We see their actions now as a last ditch attempt to salvage a situation which they aided and guaranteed.Their Chief Client is indeed in trouble, thus the panic reactions.
If it was not for corruption ,on what moral grounds would MDC Alliance's Job Sikhala represent former ZANU PF member Walter Muzembi , Tendai Biti to represent Gideon Gono ,Welshman Ncube representing Phelekezela Mphoko and Jonathan Samukange wanting to represent Saviour Kasukuwere ?
Does delivery of Justice in Zimbabwe have a season ? Does it only begin to matter when MDC Alliance members are facing convictions in the courts of law for various crimes committed in the name of a stay away ? Does justice delivery only begin to matter when some colluding judges face investigations and arrests for corruption.Does Justice delivery only begin to be an issue when MDC Alliance senior members have all but skipped borders for fear of arrest for crimes they committed before and during the violent stay away ?
When Thabani Mpofu issued a politically charged statement soon after elections as he prepared for a ConCourt challenge was he not trying to defeat the course of justice ? Why did the Law Society of Zimbabwe not censor or reprimand him ? Justice delivery didnt exist then presumably.
So this is a clear case of conflict of interest by the lawyers.Its hypocrisy and double standards at another level.
The nation is now convinced that the demo by the lawyers had the fingerprints of the MDC Alliance all over.
Now to show that this demo by lawyers was about and against the appointment of the PG Kumbirai Hodzi, whom they percieve as a threat, on 30 January 2019 the same Law Society of Zimbabwe launched a spirited ConCourt challenge against the appointment of Mr Hodzi as PG.
This is supposed to be a well rehearsed assault on the judiciary in Zimbabwe.What with such arrogant and cunning criminals as Tendai Biti whose first reaction when he appears in court is to attack those judges and prosecutors he percieves as unsympathetic to his cause.
So Zimbabweans should not be fooled.
Zimbabweans should view this attack on Mr Kumbirai Hodzi as a direct attack on the integrity of the judiciary and an attack on the people and nation of Zimbabwe.
This attack on a Presidential appointee is a direct attempt to undermine and discredit the integrity and wisdom of the President himself.
This will be a dangerous precedent which the nation can never tolerate as this is a direct attack on the independence of the Judiciary.
All Zimbabweans contend that our enemy number one as a country and the biggest impediment to economic recovery is Corruption.
So whoever acts in such a way as to protect and abate the perpetuation of the vice declares themselves enemies of the people and the State.
They can not expect to be treated kindly.Icho !
By Hosia Mviringi
31 January 2019
On 29 January 2019 the nation woke up to the news that Lawyers under the banner of the Law Society of Zimbabwe was demonstrating against lack of or misdelivery of justice in the Courts in Zimbabwe.
I write this article with a heavy heart knowing that my brother is a loyal member of the fraternity.I will try to be professional and speak my mind.
What baffles the mind is the fact that the Lawyers are officers of the same Courts which they have served under the Law Society of Zimbabwe in defence of the accused for many years since independence.They have not seen this so called misdelivery of justice until only yesterday after the violent demonstration of the 14th of January 2019.
What has changed now to warrant the demonstration by the Lawyers against the same Courts to which they have served or are serving as officers and partners ?
Lets try to unpack the conundrum.
Soon after elections in July 2018 the nation had a spectacle in the Constitutional Court where the best legal minds in the local fraternity competed against each other for supremacy in representing their clients.The most educated nation discovered that they were not yet learned enough when they began to learn new legal jargon everyday.
All lawyers went in there with confidence knowing that justice would be delivered and served.The case went well and losers accepted defeat and until now they are busy working out the sums to the cost of that legal attempt.Until then there was justice in the Courts of Zimbabwe.Even the most ardent supporters of different political parties had confidence in the Courts.
Fast forward to 23 January 2019.The newly appointed Prosecutor General Mr Kumbirai Hodzi took oath of office.The new PG took the opportunity to outline his plan for the Judicial Services in Zimbabwe and he singled out Corruption in the Legal fratenity as one of his first targets for elimination.Mr Hodzi never said he was targeting any specific lawyers for elimination to warrant outrage, but his target was to eliminate Corruption in the legal fraternity.
By the way Mr Kumbirai Hodzi will be remembered for his pledge when he took office as acting Prosecutor General when he said that his target was to achieve Zero acquital rate.Meaning that he will ensure that he takes only watertight cases to court, with almost 100% conviction probability.I loved his commitment and zeal to fight the scourge of corruption which has eroded public confidence in the justice delivery system.
Corruption has seen this nation begrudgingly wear the unfashionable badge of being amongst the top ten most corrupt nations in Africa.
Mr Hodzi quickly identified corruption in the legal fratenity as the biggest impediment to the attainment of his goal of Zero acquital rate and he set out to cleanse this sector first.
His first port of call was the bench and Chief Magistrate Mishrod Guvamombe became the first casualty of that operation for gross abuse of office which amounted to corruption.
Now considering the position of lawyers as the intermediaries of the Courts it goes without saying that some unscrupulous lawyers become conduits for dirty money changing hands between the accused and the Judges.In other words I am saying if judges are corrupt in any way then lawyers are complicit, they are responsible for the corruption.
Naturally the arrest and subsequent suspension of Chief Magistrate Mishrod Guvamombe sent shockwaves in the legal fraternity.Anyone who have cared to investigate knows pretty well that the Rotten Row Magistrates Courts had become the bastion for corruption.Cash would change hands even in such open places as the car park in exchange for freedom of the accused.
Lawyers had become the link to these nefarious activities.
Now lets go back to the recent violent strike by MDC Alliance supporters on 14 January 2019.Lets try to name a few lawyers who belong to or sympasise with the MDC Alliance and are members of LSZ.
How do you separate Advocates Jacob Mafume, Tendai Biti, Thabani Mpofu, Douglas Mwonzora, Beatrice Mtetwa, Dave Coltart, David Coltart, Job Sikhala, Fadzai Mahere, Nelson Chamisa, Job Sikhala, Welshman Ncube and many others from the MDC Alliance ?
Does it ring a bell here that these said lawyers represent a chunk of the LSZ membership which is very influencial ?
Does it take a rocket scientist to tell that these Cdes are visibly and understandably so agrieved by the recent convictions which have seen some senior MDC Alliance members being slapped with lengthy jail sentences ?
Amos Chbaya is on bail facing serious criminal charges which could see him jailed for a lengthy term.So is a number of MDC Alliance Councillors from Chitungwiza, Marondera and elsewhere.Some other senior Party members such as Charlton Hwende have fled into exile for fear of being arrested on charges of inciting violence, while others have warrants of arrest hanging over their heads.
Does it then take a rocket scientist to tell that this demonstration by the Law Society of Zimbabwe has nothing to do with the delivery of justice in Zimbabwe but an advancement of a certain political cause, most notably that of the MDC Alliance Party ?
It is evident from the above narration that this demonstration by the lawyers had more clearly visible marks of a political protest than a cry for justice or anything else as purported.The most senior memberd of the MDC are drawn from and keep their membership with the LSZ.
Yet their influence there cannot be underestimated.Thus making the LSZ a poisoned chalice.
It is the grooming and breeding ground for MDC activism.
This I am saying so that the nation has a true appreciation of who we are dealing with and the real hand behind.
Some if not most of the lawyers affiliated to the Law Society of Zimbabwe form the core of the Zimbabwe Lawyers for Human Rights.A grouping well known for defending opposition criminals.A grouping known for shielding opppsition activists from the prescriptions of the law.
This is the group that advertised their free services ahead of the Violent Stay Away protest by the MDC Alliance and its partners.In other words they became the guarantors to a demontration which was deliberately fashioned to perpetuate civil disorbedience and forment strife.No sane person can doubt that the ZLHR together with the Zimbabwe Hospital Doctors Association were sitting at the same table with the planners of the violent demonstration.
The action was boldly taken on the strength of the guarantees for justice by the Lawyers.Now it takes no guess work to see why the Law Society of Zimbabwe are suddenly annimated and agitated by the recent convictions.We see their actions now as a last ditch attempt to salvage a situation which they aided and guaranteed.Their Chief Client is indeed in trouble, thus the panic reactions.
If it was not for corruption ,on what moral grounds would MDC Alliance's Job Sikhala represent former ZANU PF member Walter Muzembi , Tendai Biti to represent Gideon Gono ,Welshman Ncube representing Phelekezela Mphoko and Jonathan Samukange wanting to represent Saviour Kasukuwere ?
Does delivery of Justice in Zimbabwe have a season ? Does it only begin to matter when MDC Alliance members are facing convictions in the courts of law for various crimes committed in the name of a stay away ? Does justice delivery only begin to matter when some colluding judges face investigations and arrests for corruption.Does Justice delivery only begin to be an issue when MDC Alliance senior members have all but skipped borders for fear of arrest for crimes they committed before and during the violent stay away ?
When Thabani Mpofu issued a politically charged statement soon after elections as he prepared for a ConCourt challenge was he not trying to defeat the course of justice ? Why did the Law Society of Zimbabwe not censor or reprimand him ? Justice delivery didnt exist then presumably.
So this is a clear case of conflict of interest by the lawyers.Its hypocrisy and double standards at another level.
The nation is now convinced that the demo by the lawyers had the fingerprints of the MDC Alliance all over.
Now to show that this demo by lawyers was about and against the appointment of the PG Kumbirai Hodzi, whom they percieve as a threat, on 30 January 2019 the same Law Society of Zimbabwe launched a spirited ConCourt challenge against the appointment of Mr Hodzi as PG.
This is supposed to be a well rehearsed assault on the judiciary in Zimbabwe.What with such arrogant and cunning criminals as Tendai Biti whose first reaction when he appears in court is to attack those judges and prosecutors he percieves as unsympathetic to his cause.
So Zimbabweans should not be fooled.
Zimbabweans should view this attack on Mr Kumbirai Hodzi as a direct attack on the integrity of the judiciary and an attack on the people and nation of Zimbabwe.
This attack on a Presidential appointee is a direct attempt to undermine and discredit the integrity and wisdom of the President himself.
This will be a dangerous precedent which the nation can never tolerate as this is a direct attack on the independence of the Judiciary.
All Zimbabweans contend that our enemy number one as a country and the biggest impediment to economic recovery is Corruption.
So whoever acts in such a way as to protect and abate the perpetuation of the vice declares themselves enemies of the people and the State.
They can not expect to be treated kindly.Icho !
This comment has been removed by the author.
ReplyDeleteHosiah i like your reasoning but there comes a time where you get to draw the line and stand firm and let everyone the buck stops here this is such a time in our country it buffles me that you actually have to write a piece to show your ignorance. Your question is just the same as that being asked by our very oppressors which makes me doubt where your loyalyties lie but don't worry people like you don't know what it feels like believing in something bigger and better than yourself you think it's always about the money.... Well it's not always about the money
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