guest column:Fidelicy Nyamukondiwa Time and again, magistrates have been lambasted and ridiculed by High Court judges for denying bail in the lower court. The phrase “magistrate misdirected himself” is now a daily routine. Why does one misdirect himself in almost every case brought before him? The law governing bail is very clear. It is part of the basics of law school. Above all, it has been interpreted so many times that repeating it seems like wasting time. When the same magistrate’s bail rulings are quashed and set aside everytime an appeal is lodged, you are forced to ask questions. Are the repeated misdirections deliberate? Are the concerned magistrates ignorant of the law? Are they afraid that they may lose their jobs if they rule otherwise? The latter quickly strikes one’s mind if a case under review involves a political figure or someone viewed as furthering a regime change agenda. Magistrates are members of the Judiciary, an independent arm of the government. They are subject to the law which they ought to apply impartially and without fear or favour. When they assume office, they swear and undertake to “administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law”. In what can be termed gross disregard of the rule of law, some magistrates seem to be religiously doing the opposite of what they are sworn to do. The High Court is often flooded with bail applications which under normal circumstances are supposed to be finalised in the magistrates’ court. The right to liberty is sacred and for that reason, applications for bail must be urgently disposed of. This in turn puts unnecessary pressure on High Court judges. Deserving cases end up being set aside or postponed to pave way for bail appeals. In October this year, Justice Erica Ndewere was suspended without pay and benefits. The suspension came after she had granted bail to Zengeza West MDC Alliance Member of Parliament Job Sikhala (pictured). After a public uproar, the Judicial Service Commission was quick to issue a statement justifying that the suspension had nothing to do with the bail ruling. The same month, a complaint letter, purportedly penned by Zimbabwean judges leaked and made headlines after it was circulated on social media. In the letter addressed to President Emmerson Mnangangwa, judges confirmed judicial capture claims. Part of the letter reads: “It is now an open secret that the Chief Justice now routinely interferes with magistrates and their decisions through the Chief Magistrate’s office.” This probably explains why some magistrates have been routinely denying bail in cases where it is so apparent that it should be granted We have a full High Court judge who was presumably suspended for refusing to follow a directive to deny bail. In view of that, can you blame a mere magistrate for denying bail to a figure like Harare West (MDC Alliance) legislator Joanah Mamombe, Sikhala, investigative journalist Hopwell Chin’ono or Harare mayor Jacob Mafume? Court judgments must be accompan