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ZLHR concerned at delays in the delivery of judgments
Zimbabwe Lawyers for Human Rights (ZLHR)
June 19, 2003

Zimbabwe Lawyers for Human Rights (ZLHR) expresses its concern at the increasing reports received from lawyers around the country of delayed judgments in the Magistrates' Court, as well as the High Court and Supreme Court.

The highest profile matter is the continued delay of the handing down of a ruling in the bail application of Mr Morgan Tsvangirai by High Court judge, Justice Susan Mavangira. Argument on the application only commenced on 11 June 2003 after Mr Tsvangirai had already been detained in custody for 5 nights. Argument concluded on 13 June 2003, when the judge reserved judgment. Her judgment has not yet been handed down six days' later, while Mr Tsvangirai remains in custody at Harare Remand Prison. This delay is effectively a remand in custody.

This is not the only matter in which there have been delays in the delivery of judgments. The under-staffing and low morale at the Magistrates' Courts has led to disturbing incidences of delay in the remanding of accused persons, as well as the delivery of judgments in general. Similar reports have been received from the High Court and the Supreme Court.

Concern has also been raised that these delays appear to be more pronounced in cases that are considered to be "sensitive" or of public interest or politically-related or of a constitutional nature.

Whilst ZLHR appreciates the constraints under which the members of the Judiciary and the Magistrates are operating, it agrees with the concerns of the lawyers and the public as the consumers of justice, that a deliberate effort has to be made by the Judiciary and the Magistrates to hand down judgments efficiently, fairly and with reasonable promptness. At the same time we urge the Ministry of Justice, Legal and Parliamentary Affairs to urgently address the genuine concerns of the Magistrates in terms of their working environment. Only in this manner will justice be seen to be done and the confidence of the public in the justice delivery system sustained.

ZLHR urges the law enforcement agents and the Judiciary to be mindful of the following provisions in the Constitution of Zimbabwe, and the corresponding Articles in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which guarantee that:

• Any person who is arrested and detained… upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought without undue delay before a court… and if any person … is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
• Every person is entitled to the protection of the law and is entitled, whether in a civil or criminal matter, to a fair hearing within a reasonable time by an independent and impartial court established by law.
• Every person is entitled to be presumed innocent until proven guilty in a competent court of law.
• No person should be deprived of his/her freedom of movement except where s/he is lawfully detained.
  

We also draw the attention of the Judiciary to The Bangalore Principles of Judicial Conduct, 2002, which state in Value 6 that "Competence and diligence are pre-requisites to the due performance of judicial office", and in particular Value 6.5, which states that, "A judge shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness."

This statement has been issued in the spirit of enhancing judicial accountability to the public.

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