Judges take bribes

Anti-Corruption Commission investigations manager, Sukai Tongogara, confirmed to The Zimbabwean this week that the commission had received complaints against some individuals at all levels of the judicial system. Magistrates, prosecutors, clerks of court, legal practitioners, officers of the Labour Court, traditional chiefs and judges are all involved and cases of bribery involving these offices continue to rise, said Tongogara, who declined to reveal any names.

What is worrying is that some of the graft involves judges presiding over cases involving relatives and friends without disclosing their interests, she said. When asked the extent of corruption and bribery at the High Court, Tongogara said judges cases contributed 1% of bribery and corruption matters reported to the commission. It is universally accepted that a judiciary that is fearless, impartial and independent is fundamental to any democratic dispensation.

Of all cases reported to us, the highest number involved bribery and corruption against magistrates, prosecutors and clerks of court, Tongogara added. She said judges represented the lowest number of corruption cases being handled by her organisation, but some lawyers said it was worrying that senior officers such as judges could be involved in any form of graft. Tongogara cited interference in the independence of the judiciary as the biggest area of corruption. Poor remuneration, lack of supervision, weak monitoring mechanisms, inadequate work facilities, greed, lack of integrity and unprofessionalism also contribute to this scourge, she said.

Some lawyers were said to be fraudulently selling properties, conniving with prosecutors to solicit money to obtain judgments and with clerks to remove documents from records, she said. Over the past decade, the justice delivery system in Zimbabwe has taken a major knock as is proved by the blatant bias and partiality displayed by judicial officers; particularly in cases involving issues of human rights and other politically-sensitive cases.

Analysts say the case involving Jestina Mukoko and other MDC activists has clearly proved that some judges would fare better as Zanu (PF) political activists rather than judges. They said it was also alarming to hear that the Reserve Bank of Zimbabwe had donated trinkets to judges of the High Court and that many were recipients of farms stolen from commercial farmers under the so-called land reform programme.

These trinkets included luxury SUV motor vehicles, generators, plasma and LCD television sets. By accepting these lands and gifts, the judges have compromised their credibility and impartiality beyond redemption, said one analyst.