Former Magistrate, Evia Matura, Acquitted Of Criminal Abuse Of Duty On Appeal

Former Bulawayo Provincial Magistrate Evia Matura, 47, has been acquitted of criminal abuse of duty following a successful High Court appeal.

Bulawayo High Court Judge Justice Bongani Ndlovu, sitting with Justice Christopher Dube-Banda, handed down the ruling on Thursday, 18 June.

Matura had been accused of improperly granting bail to former Citizens Coalition for Change (CCC) legislator for Nketa constituency, Obert Manduna.

“Mrs Matura pronounced that Manduna, who was the accused, was remanded in custody and even recorded that,” said Justice Ndlovu.

“It was an open court, and she pronounced that Manduna had been remanded in custody.

“However, the error arose when a prison officer recorded that Manduna was remanded out of custody.

“Manduna was shocked when he was told that he had been remanded out of custody, while he had heard clearly in open court that he was remanded in custody, and he called his lawyer, who then raised the alarm with the court.”

Justice Ndlovu said there was no evidence of a relationship between Matura and Manduna that might have compromised her impartiality.

“The State failed to prove that Mrs Matura showed any favour for Manduna in court. Therefore, the conviction is quashed, and she is acquitted,” ruled Justice Ndlovu.

Matura spoke of her joy at being cleared, saying the 30 days she spent at Mlondolozi Prison, part of Khami Prison Complex, had left her deeply scarred.

“Today it’s Christmas Day for me, that’s how I can describe this day. I was sentenced to effectively serve 18 months imprisonment, and I only served 30 days in jail before my lawyers applied for bail pending appeal,” she said.

“I had to spend time with some of the inmates that I had convicted, and when I explained my issue to them, they felt pity and comforted me.”

Following her arrest by the Zimbabwe Anti-Corruption Commission, Matura stepped down from her post, having served as a magistrate for close to two decades.

“I had to resign because the case weighed heavily on me. I had spent 19 years as a magistrate, and this is the job I love,” she said.

“I have no hard feelings against anyone. I understand it was an error, and due process had to take place.”

“I respect the rule of law. Since I have been cleared, I will bounce back to do the job I love.”

Her husband, Albert Matura, who accompanied her, said he was overjoyed because his life felt incomplete without her, adding that raising their children alone had not been easy. He said he felt justice had prevailed.

Matura was represented by her lawyers, Goodluck Katenaire and Advocate Tazorora Musarurwa.

Chief public prosecutor Kudakwashe Jaravaza told the court that Matura, who was stationed at the Bulawayo Magistrates’ Court, had been found guilty of unlawfully ordering the release of a remand prisoner in breach of established legal procedures.

The State alleged that in June 2025, Matura presided over a bail application by Manduna, which she dismissed, ordering that he remain in custody at Khami Remand Prison. The court heard that both the State and defence had only agreed to a postponement for a trial allocation date.

However, during a routine remand appearance on 2 July 2025, Matura allegedly unilaterally ordered Manduna’s release despite there being no fresh bail application, no change in circumstances, and no directive from the High Court authorising the decision.

The High Court has now established that Manduna’s release resulted from an error in which a prison officer recorded that he had been remanded out of custody, when in fact Matura had remanded Manduna in custody.

More: Chronicle