Zimbabwe’s Deputy Chief Magistrate, Collet Ncube, has raised alarm over an emerging trend of accused persons pretending to be mentally ill to escape justice, warning that such conduct undermines the credibility of the country’s criminal justice system.
Delivering remarks on Ncube’s behalf during the National Prosecuting Authority of Zimbabwe (NPAZ) Strategic Plan Review Workshop held in Bulawayo on Monday, his representative Mr Manhire said the judiciary had observed a worrying increase in fake mental illness claims used to delay trials or reduce sentences.
“We have noticed with concern that some accused persons are pretending to be mentally ill in order to reduce sentencing or delay their trials. This trend is worrying because it undermines genuine mental health cases that require special attention,” said the Deputy Chief Magistrate.
Ncube said while mental illness was a serious concern deserving of compassion and care, courts must guard against manipulation of the system by those seeking to evade accountability.
“We must protect those who are truly mentally unwell, but we should not allow the system to be manipulated by those who feign illness to avoid accountability,” added the Deputy Chief Magistrate.
“It is important for the prosecution to take a keen interest in mental health patients facing criminal charges, because the perception in the public domain is that they are often abandoned.”
Ncube said although prosecutors must handle mental health cases with both compassion and caution, they must at the same time, make sure legitimate cases receive proper treatment without allowing manipulation of the system.
“We must protect those who are truly mentally unwell, but we should not allow the system to be manipulated by those who feign illness to avoid accountability,” he said.
“It is important for the prosecution to take a keen interest in mental health patients facing criminal charges, because the perception in the public domain is that they are often abandoned.”
The Deputy Chief Magistrate also expressed concern over persistent delays in forensic reports, saying such continues to hinder progress in criminal cases despite improvements in laboratory equipment and staffing.
“The delay in pending forensic reports remains a major concern. We understand that staffing issues have been addressed, but the backlog continues to affect the timely disposal of cases,” Ncube said.
He further called for stricter adherence to court starting times and better coordination of witnesses to minimise disruptions in court proceedings.
“Court starting times are not being adhered to, and we have seen several High Court cases fail to proceed because witnesses could not be located in time,” Ncube said.
Turning to corruption-related matters, the Deputy Chief Magistrate, lamented how cases before the Anti-Corruption Courts in Harare have not achieved the desired momentum.
“Some corruption cases have been on remand for a long time without meaningful progress. There will be no justice if such matters are not handled with urgency,” said Ncube.
Ncube also highlighted the importance of training and mentorship for prosecutors to enhance the overall performance of the justice delivery system.
“We need continued capacitation of prosecutors, proper drafting of court documents, and periodic monitoring to ensure high standards are maintained. Collaboration among all justice stakeholders is vital to restore public confidence,” said the Deputy Chief Magistrate.
Ncube concluded by commending the success of the fast-track court system while urging authorities to address mental health and administrative inefficiencies that continue to affect justice delivery.
“The fast-track courts have been a success story so far. However, mental health matters should be expedited, and we must continue to enhance the efficiency and integrity of our justice system,” said Ncube.
The National Prosecuting Authority Strategic Plan Review Workshop saw senior prosecutors and directors convening to review progress under the 2021-2025 Strategic Plan and also outline priorities for the next five years.