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ZLHR on the ongoing strike by Magistrates, Prosecutors and other judiciary officers
Zimbabwe Lawyers for Human Rights (ZLHR)
November 09, 2007

ZLHR is gravely concerned by the deteriorating justice delivery system in this country which has been further aggravated by the current crippling strike by Magistrates, Prosecutors and the support staff at the courts. The strike which has already assumed nationwide gravity began in small phases in Masvingo, Gweru and Harare on Tuesday 30 October 2007. The most affected by this development are accused persons who are awaiting trial as they cannot access justice within a reasonable time. The concerns by the Magistrates and Prosecutors are not new but rather they are perpetual concerns that have not been timely and competently addressed by the Ministry of Justice Legal and Parliamentary Affairs. Magistrates, Prosecutors and Judges are the cornerstone of the Justice delivery system and as such they ought to be appreciated and treated in a fair and respectful manner that cultivates a culture were justice delivery is impartial, efficient and professional. The remuneration and conditions of service for judicial officers are important for the justice delivery system to function well without any hindrance or prejudice.

ZLHR recall that the UN Guidelines on the Role of Prosecutors adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990 expressly and without reservation state that reasonable conditions of service of prosecutors and adequate remuneration should be facilitated and made available by governments so as to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime. ZLHR further recall that the UN basic principles on the Independence of the Judiciary provide that it is the duty of each member state to provide adequate resources to enable the judiciary to properly perform its functions. ZLHR has been worried and concerned of the impact of poverty and inadequate resourcing of the judiciary on the administration of justice and the independence of the judiciary in Zimbabwe. Courts and court officials continue to be inadequately resourced to deal with the challenges they face. The Ministry of Justice Legal and Parliamentary Affairs has repeatedly shown unwillingness or incapacity to deal with the situation. The situation can best be understood through the words of Justice Rita Makarau at the High Court in Harare on January 15, 2007, on the occasion of the opening of the 2007 legal year, wherein she said;

" It is wrong by any measure to make the judiciary beg for its sustenance. It is wrong to make the judiciary beg for resources from any other source. Yet, if I do not do so today, the judiciary shall continue to operate without computers, without adequate stationery and shall continue to use libraries that the Chief Magistrate has aptly described as varying only in their degrees of uselessness"

The case for support staff is equally compelling, in the same speech Justice Makarau informed that Support staff play a vital role in the administration of justice and while they remain civil servants, they are civil servant in a very vulnerable organ of the State. It is ZLHR's position that the Magistrates, prosecutors, Judges and support staff should be appreciated in the justice delivery system in this country.

ZLHR calls upon the government of Zimbabwe to;

• Quickly take action to address the very genuine grievances of judicial officers and work towards the return of normalcy in the courts. Such action should ensure that judicial officers and support staff are adequately remunerated to enable them to administer justice in an impartial and efficient manner.
• Ensure adequate resourcing of courts to enable court officials to carry out their duties in an efficient manner.

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