Garainesu Mawadze

Service/Career

2010, judge of the High Court of Zimbabwe. ^[1]

Events

Not promoted

Garainesu Mawadze, a senior High Court Judge, was surprisingly sidelined in the 2021 Judiciary service promotions. In terms of the law, Mawadze then the most senior Judge at the High Court was supposed to automatically assume the position of acting Judge President when the incumbent Justice George Chiweshe was promoted to the Supreme Court in August 2021. His sideline caused public outcry both in and outside the legal fraternity. Mawadze was also overlooked when the President eventually made the substantive appointment for the post.

Then, in October, he crashed into a herd of cattle on the Masvingo road, about 20km from Zvishavane, and hit five of them. The herdsmen allegedly ran away and disappeared into the darkness. His E300 Mercedes Benz was reduced to a heap of metal. Judiciary Service Commission (JSC) secretary, Walter Chikwana confirmed the accident. ^[2]

Seconds for murder

A 17 year old girl, convicted of murder with actual intent, was detained for a few seconds in February 2022. The accused was charged with murder with actual intent after she threw her two-year-old baby into Tugwi River in Chivi following persistent harassment and physical abuse by her grandmother and brother. She was ordered to remain in custody until the rising of the court. Justice Mawadze rose immediately after the pronouncement of the judgment and left the court. The accused was a free person thereafter.

Justice Mawadze justifying the rather unusual sentence, saying it was necessary to be lenient with the convict because she was raped by an uncle at the age of 14, had a child at 15 years, dropped out of school in Form 1 and was ostracized by her grandmother and brother throughout the ordeal. The girl had no parental support since her father and mother had separated long before she was raped, and she was also traumatised because the uncle who raped her is still a free man, many years after the crime.

It was not difficult to give a guilty verdict. However, an appropriate sentence, considering the trauma that the convict went through, was more difficult - one that ensured that the girl would not be further punished. Community service or a fine were not possible in a murder case. A wholly suspended or postponed sentence would also not apply. Custodial sentence or committal to a training institute was also inappropriate because of the accused’s age and the fact that her character was not bad. So Justice Mawadze took advantage of Section s 336(1) (b1) of Criminal Procedure and Evidence Act where a Judge can sentence an accused to a definitive period. The definite period in this case was for the accused “to remain in custody until the rising of the court”. ^[3]

Suspect collapses

Edson Dhonza, who received 19 years for armed robbery, collapsed in the Masvingo High Court, where he was facing a charge of murder, in March 2022. Judge Garainesu Mawadze ordered him to sit up straight whereupon he collapsed. Dhonza, Shepherd Chinhara (44), Needmore Chipoterwa (28) and Kudakwashe Nyashanu (37) were charged for armed robbery and murder after robbing and abducting a Target Kopje couple (businessman Obvious Nhokovedza and his now late wife Rutendo Ndega) on 14 January 2021 and then throwing them into a 20 metre disused mine shaft. The four escaped with a Nissan Caravan, groceries worth $87 960, R800 cash, $15 000 ecocash, US$4 000 and $500 000 in banks before they were detained by CID police in Harare. ^[4]

2023 election Judge

Chief Justice of Zimbabwe, Luke Malaba published a notice, in June 2023, in the gazette announcing the appointment of 35 judges to handle electoral disputes in the country. The judges will form the Electoral Court Division of the High Court and will serve from 1 June to 31 December 2023. The appointed judges are Justices. The appointed judges are Justices:

1. Judge President Maria Dube,
2. Garainesu Mawadze,
3. Happias Zhou,
4. Joseph Mafusire,
5. David Mangota,
6. [Maxwell Takuva]],
7. Amy Tsanga,
8. Nokuthula Moyo,
9. Esther Muremba,
10. [[Davison Moses Foroma,
11. Tawanda Chitapi,
12. Nyaradzo Munangati-Manongwa,
13. Phildah Muzofa,
14. [[Isaac Muzenda],
15. Neville Wamambo,
16. Sylvia Chirawu-Mugomba,
17. Benjamin Chikowero,
18. Pisirai Kwenda,
19. Jacob Manzunzu,
20. Evangelista Kabasa,
21. Christopher Dube-Banda,
22. Siyabona Musithu,
23. Sunsley Zisengwe,
24. Webster Chinamora,
25. Gladys Mhuri,
26. Emilia Muchawa,
27. Fatima Maxwell,
28. Rodgers Manyangadze,
29. Joseph Chilimbe,
30. Cathrine Bachi-Muzawazi,
31. Bongani Ndlovu,
32. Samuel Deme,
33. Munamato Mutevedzi,
34. Never Katiyo
35. Lucie-Annie Mungwari. ^[5]

References