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Judiciary in shambles: Makarau
Fidelis Munyoro, The Herald (Zimbabwe)
January 16, 2007

http://www1.herald.co.zw/inside.aspx?sectid=14010&cat=1

THE country's justice delivery system is in shambles and needs urgent funding to bring it back on track, Judge President Justice Rita Makarau said yesterday.

In her maiden speech to mark the official opening of the 2007 High Court legal year, Justice Makarau expressed disquiet at the dearth of financial resources in the police force, the prison services and the courts, which she said was seriously compromising efficiency and impartiality.

She said while it was not normal for members of the judiciary to discuss their conditions of service in public, the situation was now crying out for an urgent solution.

"It is not in the tradition of the judiciary to publicly speak on any issue including calling attention to needs.

"I am breaking that tradition briefly and for today only, agitate for better funding to the justice delivery system as a whole, generally and in particular, to the judiciary.

"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 central Government," said Justice Makarau.

She said over the years the funds allocated to the judiciary had dwindled against an increasing workload.

Justice Makarau said when she calls for better funding to the justice delivery system, she is not only agitating for better remuneration for judges and support staff but also for witnesses who come to give evidence in court.

For example, she said, witnesses summoned to give evidence by the State are paid a paltry $5 which is not enough to buy even a sweet.

"For us to pay a witness $5 per day brings the administration of justice into disrepute.

"It is also a downright insult to the witnesses, most of whom are simple rural folk from around Zimbabwe who will be justified in thinking that their testimony was worthless if they were paid only $5 for it," she said.

At times witnesses have appeared before judges hungry due to shortage of funds, she said, citing an incident at the High Court where a witness did not hesitate to tell the court that he could not testify on an empty stomach.

"The trial had to be stopped and at that stage it emerged that our registry did not have sufficient funds to pay for the meals of witnesses, who come from out of Harare," she said.

The judge said the amount paid to assessors for sitting in criminal trials per day was a pittance that was not commensurate with their critical role in the justice delivery system.

For the first time in history, said Justice Makarau, the High Court last year failed to hold circuit court in Masvingo, although there were cases that were pending for two years.

At the last count in August last year, Masvingo had 104 murder cases awaiting trial.

"Judging from the paltry funds that are allocated it is my view that the place and role of the judiciary in this country is under-appreciated," said Justice Makarau.

"Phrases that it is the third pillar of state or that it is an integral part of a democratic state are often used at appropriate fora by politicians and social scientists and have become cliches whose real meaning is not sought after or given effect to.

"I wonder how many of us here present have really given thought to the importance of an efficient and impartial justice delivery system, to us as individuals generally and as Zimbabweans in particular, and on a practical as opposed to a conceptual basis."

As a people, Justice Makarau said, Zimbabweans had been described as resilient and innovative, and when shortages of certain grocery items manifest in the local supermarkets, people shop in neighbouring countries.

"We have managed to avoid what is perceived as shortcomings in the local educational system by sending our children to schools and universities in South Africa, Australia, United States and United Kingdom.

"When we need complex medical procedures and attention that local hospitals cannot now provide, we fly mainly to South Africa but sometimes to United Kingdom or the United States.

"Yet when we have to sue for wrongs done to us we cannot do so in Australia or South Africa and have to contend with the inadequately funded justice system in this country."

Justice Makarau also said when people's houses are broken into and property stolen, people cannot call well-resourced police from neighbouring countries to their rescue.

Worse still, she said, people suspected of having committed an offence are locked up at local police holding cells under inhuman and degrading conditions.

"If placed in remand, we are to be held in the local prison where the conditions are no better. Innovative as we are, we are yet to find a way to be held in a prison in Pretoria or Cape Town to avoid the conditions in the inadequately funded cells at home," she said.

The Judge President said for efficient justice delivery, Zimbabweans could not escape the local system no matter how rich or influential they are.

Justice Makarau said people could not escape the inefficiencies created by lack of funding, hence the need to work hard and improve the justice delivery system.

She said she was aware that the Ministry of Justice, Legal and Parliamentary Affairs had over the years been making representations for adequate funding of the judiciary and prisons to the Treasury. But the budget allocation for the ministry had been the lowest yet it housed critical institutions.

Justice Makarau also reminded the judicial officers that her office would not tolerate corruption among its staff.

She said she was disturbed by reports reaching her office and the office of the Chief Justice that some support staff were engaging in corruption.

Support staff were custodians of court records, processors of judgments and court orders, she said, and could create doubts among the litigating public about the impartiality of the justice system.

Access to the judges is through the support staff and may be blocked or fast tracked, records may be tampered with or may go missing for short or long periods, while important notices may not be delivered on time or at all, she said.

Justice Makarau said there was zero tolerance for corruption in the judiciary and that due to reports received concerning the practices of some support staff, strategies had been put in place to tighten the administrative systems and to weed out members of staff whose practices may not be above board.

The Judge President said during the last half of 2006, judges began experimenting with a fast track system of dealing with civil trials in the Harare High Court and this saw the disposal of 91 cases in September, October and November.

"We are pleased with the results and have since made the fast track civil court a permanent feature of the court roll," she said.

Justice Makarau said criminal cases had accumulated "embarrassing" backlogs and that delays of four or more years were now fast becoming the norm rather than the exception.

She supported the proposal to set up a joint liaison committee comprising the Attorney-General's Office, the courts, police and prison services to synchronise operations.

Justice Makarau said while 2006 was a difficult year for the judiciary, its spirits were, however, lifted by efforts from well-wishers who engaged it in various discussion on enhancing its capacity.

Among those present at the event to mark the 2007 legal year opening were Justice Legal and Parliamentary Affairs Minister Cde Patrick Chinamasa, the Minister of State Enterprises, Anti-Corruption and Anti-Monopolies Cde Munyaradzi Paul Mangwana, Secretary for Justice Mr David Mangota, Commissioner of Prisons Retired Major-General Paradzai Zimondi, senior Government officials, members of the legal fraternity, judicial officers and academics.

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