Magistrate abuses powers to settle score

By Confidente Reporter
A Windhoek man, Martin Simwanza has opened a case of abuse of power against a Grootfontein magistrate, Stanley Tembwe with the Magistrate Commission after Tembwe allegedly used his position to have Simwanza arraigned in a criminal court over a public social media spat the two were involved in.
According to a letter of complaint, Simwanza wrote in Confidente’s possession he alleges that his family and Tembwe were involved in a land dispute in Katima Mulilo last December during the Christmas festive holiday. Simwanza further alleges that after the dispute Tembwe posted derogatory messages on social media referring to his family as uneducated people and forbid the Simwanzas from ever talking to him.
“I insulted him while I was still in Katima Mulilo for holiday. Mr Tembwe went ahead and opened a case of crimen injuria in Grootfontein where he works as a Magistrate. Summons were sent to me in February for me to appear in the Grootfontein Magistrate’s Court on February 29 2016. The content of the summons was not explained to me properly and as a result I refused to sign them. After refusing to sign them a warrant of arrest was issued from Grootfontein and I was arrested on March 15 2016 by two police officers from Grootfontein. I appeared in court the following day on March 16 2016 on a Wednesday,” he said.
Simwanza said he was alarmed during court proceedings to find out that the prosecutor on the matter (identity known to Confidente) is a relative of Tembwe and both are stationed at the Grootfontein Magistrate’s Court.
Simwanza further alleges that the Magistrate who presided over his case was also a known personal friend and colleague of Tembwe based at the Grootfontein Magistrate’s Court as well.
“I was given a fine of N$1000 for contempt of court and bail for N$800 for crimen injuria and then the case was postponed to May 3 2016. I want clarity from the commission if there is provision in Act 51 of 1997 of the Criminal Procedure Act as amended, where a Magistrate has a right to open a criminal matter based on Facebook posts. Further the issue of jurisdiction if it’s to suffice that indeed the Magistrate could have opened a charge of crimen injuria on matters that were posted on Facebook whilst in the Zambezi region, why then was I summoned to appear in Grootfontein Court, clearly the conduct of Mr Tembwe and others who all happen to be from the Zambezi region and as earlier alluded to are familiar to each other abused their positions in their official capacity to punish me on a matter resulting from social media.” Simwanza said he wants the Magistrates Commission and the Prosecutor General’s office to look into the matter and establish whether Tembwe is not abusing his powers by using his office to settle personal problems between their two families. He added that it was unfair and unheard off that Tembwe’s cousin should be appointed prosecutor in the matter as well as Tembwe’s friend presiding over the matter as Magistrate.
“The fine of N$1000 for contempt of court and the bail for N$800 for crimen injuria are unreasonable because in my view even though I am layman in legal related matters such a fine and bail do not fill the offences alleged to have been committed but to settle a score in favour of Mr Tembwe who wants to use our judicial courts to solve land and tribal problems that our two families are involved in at Katima Mulilo (sic).
“It’s in my view that our judiciary cannot afford to sit idle and watch these kinds of corrupt magistrates and prosecutors destroying the trust that our citizens are having in our justice system.”
Lusia Shilongo, Secretary to the Magistrates Commission, Tuesday confirmed that the commission had received a complaint against Tembwe.
“I hereby confirm that the Commission received and discussed such a complaint and it will be responded to by not later than next week.”
Tembwe refused to comment on the matter and referred Confidente to the Magistrates Commission.