Magistrate Barred From Criminal Trials After High Court Exposes Incompetence

A Harare magistrate has been barred from handling criminal trials after the High Court exposed serious judicial errors that led to the wrongful conviction of three men accused of unlawful entry.

The ruling, delivered by Justices Esther Muremba and Tawanda Chitapi, described the magistrate’s conduct as “structurally incoherent, legally unsound and devoid of analytical rigour.”

The case involved Raphael Tandi, Ravious Zata, and Dellon Tizora, who were convicted of unlawfully entering a Waterfalls home and stealing two mobile phones. 

They were sentenced to 20 months in prison.

However, the High Court found that the trial was marred by procedural flaws, poor reasoning, and a failure to uphold basic legal standards.

Justice Muremba said the judgment “falls significantly below the standard expected of a judicial officer entrusted with the solemn duty of administering justice.”

Among the most troubling issues was the magistrate’s failure to guide the unrepresented accused, her misleading explanation of trial processes, and a flawed sentencing approach. 

One of her instructions — “Put question to the witness for a court to take it that you committed the offence” was condemned by the High Court as “vague and confusing.” 

The magistrate also failed to conduct pre-sentence inquiries or explain sentencing frameworks, leaving the accused unaware of the legal implications of their actions.

The High Court further noted that this was not an isolated incident. 

In a previous case, State v Michael Madzande, the same magistrate had shown similar deficiencies. 

Justice Muremba said the repeated errors revealed “a troubling lack of understanding of the basic principles of judgment writing.” 

The court concluded that her grasp of legal fundamentals was “beneath the competence expected of a law graduate.”

According to B-Metro, the High Court ordered that the magistrate be removed from all criminal court duties until she undergoes structured retraining. 

The recommended areas include trial procedure, evidence handling, sentencing law, judgment writing, and English proficiency. 

She will only return to criminal trials after demonstrating full competence.

As a result of the ruling, Tandi, Zata, and Tizora were released, and any restitution paid was ordered to be refunded. 

The Prosecutor-General may pursue fresh proceedings before a different magistrate.

Justice Muremba warned that repeated incompetence “compromises the fairness of trials and raises serious doubts about understanding basic procedural safeguards,” urging swift intervention to protect the justice system.

Legal experts say the judgment sends a strong message to the judiciary: justice must be delivered with precision, fairness, and accountability — not just authority.