BULAWAYO regional court senior magistrate Sikhumbuzo Nyathi last Thursday issued a warrant of arrest against a prosecutor accusing her of defaulting to attend court to prosecute a case where a 56-year-old Inyathi man is charged with raping of a 15-year-old girl.
SILAS NKALA STAFF REPORTER
The case sparked shock and condemnation from the legal fraternity and other prosecutors who said only the State could initiate the warrant of arrest and the magistrate just grants it, but in this case it appears the magistrate applied and granted it.
The Inyathi villager, Bigboy Aleck Sibanda, appeared before Nyathi charged with the rape of a 15-year-old girl from the same village and the prosecutor dealing with the case, Paida Zengeni, was not in court, as she was on leave.
When the case was supposed to start, Zengeni was in no-show, prompting the police court orderly to call her name three times before reporting back to the court that the prosecutor was in default.
The court record, viewed by the Southern Eye yesterday states that Zengeni was in default and a warrant of arrest was issued against her.
“The trial prosecutor was not in attendance and prosecutor in attendance, Masimba Saruaka, has no instructions regarding the absence of his sister prosecutor,” reads the record.
“He is, however, aware that she is on leave.”
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The matter was remanded to March 26. A prosecutor, who spoke on condition of anonymity, said the issue was “stranger than fiction” as they have never heard of such.
“In a proper procedure, the State — represented by the prosecutor — is the one that applies for a warrant of arrest and the magistrate grants and issues an order for either the accused, witness or any other person who would have defaulted court appearance to be arrested,” she said.
“We have never heard of a case where the magistrate applies for a warrant of arrest and issues an order for the arrest of a person.”
Senior public prosecution officer for the western region, Martha Cheda, declined to comment on the issue, although she confirmed the matter was being handled by both the prosecution authorities and regional magistrate, Trinos Wutawashe.
“I cannot comment on the issue. You can contact my boss, the director of public prosecution in Harare. I was talking about it with him now, or talk to the regional magistrate,” she said.
Efforts to get comment from the director of prosecution, Nelson Mutsonziwa, were fruitless yesterday. Wutawashe was not in office when approached for comment.
Facts of the rape case which Zengeni is prosecuting are that some time in December 2013 the 15-year-old girl went to fetch water from the accused, Sibanda’s place.
On arrival, she found him alone at home and he allegedly lured her into his bedroom where he then stripped naked before removing her under garments and raping her.
He then allegedly released her to go back to her home. The matter was discovered after an anonymous letter was dropped into a police suggestion box. Police then questioned the girl, who revealed that she had been raped by Sibanda, leading to his arrest.
