The ManicaPost
Abel Zhakata Senior Reporter
STAKE holders within the justice delivery system in Mutare have pleaded with Chief Justice Luke Malaba to ensure the provision of ancillary services to support the new High Court which is expected to service the public by October this year.
Presenting their concerns to the incoming Chief Justice soon after touring the High Court building which is under construction, players in the legal fraternity said the setting up of the upper court was a welcome development that should be fully accompanied with supplementary services.
Soon after touring the new High Court building – formerly Rainbow Cinema – Chief Justice Malaba who was accompanied by Judicial Service Commission secretary, Justice Rita Makarau, met the stakeholders at the Mutare Magistrates’ Courts for a one-on-one session to hear their concerns.
Officer Commanding Prisons and Correctional Services in Manicaland Senior Assistant Commissioner Didymus Chimvura said bringing a High Court to the city was welcome but his department does not have a requisite prison facility to hold dangerous criminals.
“The idea of a High Court in Mutare is a very welcome idea but with it comes a host of other challenges. May it be noted that we do not have a Grade 4 prison.
A Grade 4 prison is a prison which houses D class prisoners who have sentences of seven years or more. So when we are going to have High Court sessions on a daily basis we will overcrowd Mutare Remand Prison with very dangerous prisoners,” he said.
A board member of the National Prosecuting Authority, Mr Misheck Mugadza, said there was need to set up a regional court in Chipinge.
“All the facilities are there in Chipinge. It is difficult for people to come from Chimanimani, Birchenough Bridge and part of Buhera to be serviced by the regional court in Mutare. It will do the community good if we set up a regional court there. Secondly we have issues to do with witnesses.
Witnesses are not being paid anything. Their expenses are not being taken care of and it’s a cause for concern.
There is also the issue of detention allowances. We detain witnesses here sometimes for a day and they are not being paid. Another concern is that of witness quarters. Sometime back our witnesses used to get breakfast and come to court smiling to give evidence but that has since stopped. Thank you for the High Court which is coming to Mutare. We are ready to do our part,” he said.
Speaking on behalf of the Law Society of Zimbabwe Mr Blessing Nyamaropa said the legal profession was excited about having a permanent High Court in the city.
“We cannot wait for a day when this court is commissioned. The court will go a long way in improving access to justice and making justice affordable.
In the same vein Honourable Chief Justice we have a small plea to make as legal professions in Mutare. We are requesting another court here, which is the Labour Court. We believe that we have the infrastructure which can be used for the Labour Court,” he said added:
“The legal profession in Mutare is also concerned with the quality of judgments from the magistrates. We implore the JSC to come up with continuous legal education processes for our magistrates. On corruption we want to commend the JSC for transferring magistrates from one station to another. This High Court is ours, we are going to own it and we are going to use it.”
Chief Justice Malaba said efficient justice delivery requires all the stakeholders to work together.
“I am asking all stakeholders to buy in please own what we are asking you to take forward. We are asking each one of us, not just to work hard, but to deliver. You can spend hours and hours working hard but without efficiency. You must deliver and that is what we are here for and that is the purpose for us occupying these positions.
“Let’s focus of qualitative deliverance. The efficiency in delivering justice does not mean delay. If a case is delayed, judgment is delayed and that is an injustice; simple and straightforward.
Whether you are a lawyer and plead for a postponement you are just doing an injustice. It is the system at the end of the day that will suffer and attract negative comments and gets discredited. That is why we are now bringing the High Court to Mutare, to Manicaland. It is precisely because of that pursuit of that objective of efficient delivery of justice,” he said.
Justice Makarau said the new High Court will be paperless, meaning everything we be done through e-filing.
“We are going to start this here in Mutare and it will be our pilot project. We will then spread the concept throughout the country. This is a challenge and between now and before we open the High Court read around e-filing.
“I would want to urge the Mutare community to actually make use of this new court. Legal practitioners who have matters that are in Harare we ask you to identify them now so that once this court is operational you transfer all those cases to Mutare. We don’t want you to keep on going back to Harare.
“I have said by Third Term which begins around September or October the High Court should be opened,” she said and added:
“Through the Chief Justice we shall request for two judges to be posted to Mutare.
“Once we have posted them here we expect the community in the justice delivery system to give them the necessary support.”
