EMBASSY OFFICIAL CAUSES STIR IN COURT
Daily News 6 July 2011
Mutare Correspondent
A magistrate barred a South African embassy official from taking notes on the proceedings of a case involving father and son, Janse and Martinus Grobler, both South African farmers accused of firing at war veterans.
Despite admitting that he was unaware of any written law barring diplomats from taking notes in court, magistrate Billiard Musakwa insisted he would not continue with the case until embassy official Gary Smith stopped taking notes.
Musakwa briefly adjourned the cross-examination of war veterans’ leader Ephraim Zibuke after noting that Smith was taking notes.
He demanded that Smith identify himself, to which the official did, stating that the matter was of interest to his country.
This prompted Musakwa to adjourn the case for close to 15 minutes for “consulting”.
Despite protestations from Victor Chinzamba, the lawyer representing the Groblers, Musakwa then stuck to his guns claiming, “Not everyone may write notes in a public court.”
“The rule of practice is that not everyone may take notes in court except for journalists,” said Musakwa.
Challenged to cite the law he was using to reach the decision, Musakwa said although there was no law barring the public from taking notes on court proceedings, his “tutors” had passed on the tradition to him.
“I have never asked where this came from.
“But I know it stands,” ruled Musakwa, much to the chagrin of Chinzamba.
The Groblers are being charged with negligent discharge of a firearm after allegedly firing five rounds at a group that planned to invade their Geluk farm, about 50 km west of Mutare on January 31 this year.
According to the state, the Groblers fired shots at Onismus Makwengura, Ephraim Zibunge and Collins Mugayi, who claimed to have gone to the farm to settle a dispute about the property, which had been recently designated.
During yesterday’s court proceedings, Zibuke was persistently cautioned by the magistrate for getting emotional and constantly saying Zimbabwe was not for whites especially the Groblers.