The judicial system requests the extension of the sentencing powers of the regional magistrates

The justice urged the legislature to promptly amend the laws to expand the sentencing powers of regional magistrates, aligning them with the seriousness of the crimes they try. It follows concerns raised about the inadequacy of current jurisdictional limits, which limit magistrates’ sentencing powers to 12 years, even for serious offenses such as aggravated robbery.

The appeal comes in light of new sentencing guidelines that provide for a presumptive sentence of 20 years in prison for aggravated robbery.

The need for reform was clearly illustrated in the High Court case of Israel Mufure (22) and Charles Murinda (55). The two men terrorized teachers at a Norton primary school, committing several robberies using a pellet gun. Convicted of five counts of robbery and one count of trespassing, they received a combined sentence of 20 years: 10 years for robbery and 10 years for trespassing.

High Court judges Esther Muremba and Deputy Chief Justice Garainesu Mawadze criticized the sentence as “overly lenient” given the gravity of the crimes.

Judge Muremba pointed out the difference between the presumptive sentence of 20 years for a single count of aggravated robbery and the regional magistrates’ jurisdictional limit of 12 years.

“The sentence imposed does not reflect the seriousness of the offences, especially given the raw aggression displayed by the offenders,” said Judge Muremba.

The High Court also noted that the sentencing magistrate did not fully apply the new guidelines or recognize the limitation of his jurisdiction in his judgment.

“When asked about the lenient sentence, the magistrate invoked the limit of her jurisdiction but failed to reconcile this with the presumptive sentences prescribed,” Justice Muremba noted.

The judges warned that the misconception that equates jurisdictional limits with typical sentencing ranges risks undermining the integrity of the judicial system.

The justice emphasized the urgent need for legislative intervention to amend the Magistrates’ Court Act (chapter 7:10), giving regional magistrates the authority to impose higher sentences in accordance with presumptive sentences.

“Expanding the sentencing powers of regional magistrates is essential to deliver justice effectively and to ensure that punishments are commensurate with the seriousness of offences,” Justice Muremba said.

The judges also criticized the current requirement to refer cases that exceed the powers of sentencing magistrates to the High Court, calling it cumbersome and a source of delays.

“This process creates inefficiencies, prolongs the resolution of cases and undermines the speedy delivery of justice,” Justice Muremba noted.

Increasing the sentencing powers of magistrates, they argued, would reduce delays, simplify court processes and foster greater public confidence in the justice system.

Justice’s appeal underscores the critical need to align sentencing jurisdiction with the realities of modern crime and the expectations of the judiciary. Expanding the powers of magistrates would promote consistency, uniformity and efficiency, ensuring that justice is not only done, but seen to be done.

MPs are now expected to consider the proposed amendments as part of wider reforms to strengthen Zimbabwe’s judiciary.