HARARE – The Law Society of Zimbabwe (LSZ) has sounded the alarm over “unsettling” comments by Chief Justice Luke Malaba in which he advocated denying bail to suspects in corruption-related cases.

Malaba made the remarks on November 16 while addressing 46 magistrates from the Special Anti-Corruption Courts.

“When people are arrested for corruption, a lot of noise is made. The next thing we hear of the granting of bail without good reasons. Some of the cases ended with some order for permanent stay of prosecution,” Malaba said.

“Do you think we can safely say we have a functionary criminal justice system under the circumstances? All the system would have done is to launder the criminals. Let us not be placed in the roles of facilitating the laundering of criminals.”

Malaba also demanded that “the sentences imposed by the courts must reflect the government’s and the society’s expectations on the punishment to be meted out to offenders”, adding: “To that end, severe penalties must follow every conviction for such offences.”

Malaba also directed the magistrates to take a dim view of further postponement applications by defence lawyers, while urging the judiciary “not to be influenced by the status of the person before you.”

The LSZ said Malaba’s comments were an invitation to the judiciary to “descend into the arena”. The professional body of lawyers also hammered the country’s top judge of appearing to advocate for “a blanket approach to all matters.”

In a statement on Wednesday, the LSZ said: “From the address delivered by the Chief Justice, the Law Society notes the emphasis placed on the need to effectively handle high profile cases of corruption. This emphasis is welcome as it acknowledges the grave effects of corruption on the economic well-being of the country.

“Nonetheless, the Law Society of Zimbabwe hastens to emphasise the need for judicial officers to remain with the authority to exercise judicial discretion and independence when seized with any matter despite its nature.”

The LSZ said while the need for cases to be dealt with expeditiously could not be overemphasized, “the core tenets of justice should never be compromised as any compromise is unconstitutional.”

The lawyers added: “It is unfortunate, the remarks by the Chief Justice, while placing emphasis on the need to have a functional criminal justice system, may be perceived to be advocating for a blanket approach to all matters of corruption and in extreme cases propping up such weak cases because of their nature.

“The statement, taken out of its proper context, is unsettling and has been misconstrued to be an invitation to the judiciary to descend into the arena.”

The LSZ said it had engaged Malaba over the matter, and he had assured them that “judician independence and professionalism are core values which he cherishes and he jealously guards.”

Malaba told the lawyers’ body that his reported comments had been made in response to specific issues arising from the plenary “and the answers deprived of their proper context conveyed to the profession and indeed to the public an impression that the Chief Justice was advocating arbitrariness on the part of magistrates.”

The LSZ, while stating that “ethically, unnecessary postponements or any dilatory tactics” by its members are condemned, “unless a sustained complaint is received, it cannot be justifiably said that lawyers seek unnecessary postponements.”