Siphakeme .Mnindwa
Nqobile Tshili, [email protected]
AUTHORITIES within the country’s justice delivery system are calling for the swift enactment of a law to protect witnesses, warning that without such legislation, high-profile cases could collapse due to reluctance from potential witnesses to testify.
The absence of legal safeguards for witnesses and whistle-blowers has raised alarm, as some may hesitate to come forward, jeopardising the pursuit of justice.
Parliament is currently working on the Witness Protection Bill, which aims to establish an office responsible for providing temporary, interim and permanent protection for witnesses. The bill is expected to play a crucial role in ensuring that those who testify in critical cases are safeguarded from retaliation.
Cabinet has since approved the principles for the Public Interest Disclosure (Protection of Whistle-blowers) Bill, which seeks to protect individuals who expose corruption in the country. The National Prosecuting Authority (NPA), the Zimbabwe Anti-Corruption Commission (Zacc) and the Zimbabwe Republic Police (ZRP) have all raised concerns about the urgent need for stronger witness protection measures.
Speaking during the 2025 legal year opening in Bulawayo last week, Chief Justice Luke Malaba, stressed the importance of collaboration across all levels of the justice system, from complainants and witnesses to magistrates and judges, in ensuring an effective delivery of justice.
Prosecutor-General Justice Loice Matanda-Moyo, speaking on the sidelines of the event, reiterated the need for urgency in passing the witness protection law.
“We need to see more laws that protect witnesses, especially those who come forward in high-profile cases. We want to ensure that witnesses can testify in court with confidence, knowing they are protected by the law. We do not want witnesses to be victimised after testifying,” she said.
Justice Matanda-Moyo also highlighted the issue of witness fatigue, which arises when court proceedings are delayed. She explained that prolonged trials can discourage people from testifying in future cases.
“Witness fatigue occurs when cases are postponed, leading to frustration among witnesses. As a result, they may be unwilling to testify in the future, even when they have crucial evidence. We need to create a system that is supportive of our witnesses,” she said.
Justice Matanda-Moyo said there is a need to create an atmosphere, which is favourable to witnesses.
Zacc chairperson, Mr Michael Reza, echoed similar concerns, stressing that without a protective legal framework for whistle-blowers, it will be challenging to combat crime effectively.
He said it is crucial that whistle-blowers are protected, or the courts risk losing witnesses altogether.
“I know that the powers are moving for the Whistle-blowers Protection Act, which is at an advanced stage. Whistle-blowers must be protected. Unless they are protected, we will end up not having any witnesses,” he said.
ZRP Deputy-Commissioner, General Learn Ncube also underscored the importance of inter-agency co-operation in witness protection.
“The ZRP goes to great lengths to secure witnesses and ensure their attendance in court, despite limited resources. I urge all stakeholders in the justice system to prioritise the swift finalisation of the Witness Protection Act, so witnesses do not lose interest,” he said.
Dep Comm Ncube further revealed the challenges faced by the police in providing adequate facilities for witnesses.
“Some police stations lack proper witness quarters and where available, we struggle to provide basic necessities such as bedding. It is not uncommon for witnesses to spend the night in a charge office, which is far from ideal. I share this challenge with stakeholders to encourage a collaborative effort in addressing these issues and ensuring that witnesses are well cared for,” he said. — @nqotshili
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