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Bulawayo Bureau
POLICE have arrested a senior magistrate stationed at Plumtree Magistrates’ Courts on allegations of hiding nearly 200 court records since 2009, a development that raises serious questions about justice delivery.The arrest of Stephen Mavuna, who stays at Justices’ Quarters in Kezi, could expose the Judicial Service Commission as he implicated clerks of court (names given) whom he said were also guilty of hiding records of proceedings.

Some cases were supposed to go for review and scrutiny or appeal, but were either not sent or simply disappeared. Mavuna appeared before magistrate Mr Trynos Wutahwashe last week facing charges of criminal abuse of office as a public officer.

He alleged that he was being wrongfully implicated when it was known that clerks of court were always hiding files.
Mavuna, who is represented by Mr Dumisani Dube of Cheda and Partners, said he reported the matter to his superior, Mark Dzira, who was resident magistrate then.

He said the former provincial magistrate for Matabeleland South (based in Gwanda), the late Douglas Zvenyika, knew about the rot but did nothing.

In terms of law, resident magistrates check records and files weekly, while provincial magistrates check them on a monthly basis, said Mavuna, adding that he could not have done anything about the issue after raising it with his superiors.

“The clerks confirmed during a disciplinary hearing that they were in the habit of hiding records,” he said.
Mavuna submitted that the court should subpoena Dzira as a defence witness, adding that he could not be found “revolutionising” a problem that had been there for years.

“I complained to the resident magistrate and provincial magistrate in the past years and for reasons best known to them they never took any action,” he said.

A pile of records meant for review at the High Court and scrutiny at the Regional Court, and others supposed to have gone for appeal, were produced as exhibits in court.

A statement by the Resident Magistrate for Plumtree, Mr Livard Philimon, showed that the problem was discovered in April last year.
Philimon said he worked with Mavuna between July 2011 and June 2012. During routine checks he discovered that several records sent to the Regional and High Court had not come back while some sent to Mavuna had not been returned.

Prosecutor Mr Goodluck Katenaire said between 2009 and June 2012, Mavuna allegedly did not submit records of proceedings which he kept in his office while some disappeared.

About 162 cases were due for review, 16 for scrutiny and 13 for appeals.