. . . promises access to justice for all
CHIEF Justice Luke Malaba said the Judiciary was amending rules governing the courts of law with a view to remove technical and physical barriers that make justice inaccessible and costly for the litigants.
In his address marking the opening of the 2018 legal year, the head of the Judiciary said access to justice for all was the hallmark of any civilised and democratic society.
He said the rules were being amended from the magistrates’ courts right up to the apex court.
Significant progress, he said, had so far been made in the review of the rules with the Labour Court rules having been gazetted into law end of last year.
“We have completed reviewing the Supreme Court rules, the Labour Court rules and the Magistrates’ Court rules. We have submitted these rules to the Ministry of Justice, Legal and Parliamentary Affairs for the process of promulgation into law.
“We now await the promulgation of the Supreme Court rules and the Magistrates’ Court rules.
“The High Court rules review process is almost complete. It is hoped that these rules will be submitted for promulgation during the first quarter of 2018,” said the Chief Justice.
Access for justice for all, he said, was a fundamental right enshrined in the supreme law of the country.
It was also a vital value of the JSC’s strategic plan.
“One of the core values of the Judicial Service Commission strategic plan is to ensure that there is easy access to justice for the people of Zimbabwe. As the Chief Justice and chairman of the JSC, my passion is on access to justice.
“The constitution of Zimbabwe guarantees to every person, the right of access to the courts, or to some other independent and impartial tribunal or forum established by law for the resolution of disputes.
“Justice cannot be complete unless there is proper access to it,” he said.
Chief Justice Malaba urged judicial officers to remain cognisant of the need to do justice to all, irrespective of status and to dispense justice efficiently and promptly.
He said JSC had brought justice to the masses’ doorsteps through construction of new courthouses countrywide decentralisation of the High Court.
“One of the activities that the JSC has been carrying out relates to construction to ensure the availability of courthouses close to the people and improving on the facilities found at existing courthouses.
“Whilst we have made commendable progress in the construction of court houses in all provinces, the focus for the time being has been shifted to ensuring that the environment at each courthouse is in keeping with the vision of providing world class facilities and services,” he said.
JSC has also embarked on an electronic case management system that tracks matters from the date of filing to completion.
Delays in the completion of matters, according to the Chief Justice, will soon be a thing of the past.
“In using the system, we will be able to identify bottlenecks that are causing delays in our processes. We will then make the necessary interventions in order to rectify the anomalies. In short, the system will bring in efficiency in our courts, assist in reducing backlogs and, critically, it will help to eliminate corruption,” he said.
JSC acting secretary Justice Rita Makarau has since embarked on a countrywide tour of court stations to assess the challenges facing the courts and when necessary provide immediate solutions to improve the quality of justice.
“I have directed the acting secretary of the commission to visit every station in all the provinces to assess the state of repair or disrepair of physical infrastructure and assess the functionality, adequacy or otherwise of office/court furniture and other equipment.
“In deserving instances, and where possible, the acting secretary and her team are directed to take immediate measures and address the challenges affecting operations,” he said.