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Two new courts to be established: Makarau
The Herald (Zimbabwe)
January 19, 2007

http://www1.herald.co.zw/inside.aspx?sectid=14139&cat=1

TWO new courts that deal specifically with family matters and commercial crimes will be established this year to expeditiously dispose of the large number of cases clogging the High Court.

"For greater efficiency in the disposal of cases that come before us, we are introducing other changes that will unfold during the course of the year," Judge President Rita Makarau said at the official opening of the 2007 High Court legal year this week.

She said during the second half of last year, the High Court conducted civil trials on a fast track system, disposing of 91 cases in the three months from September to November.

Out of the 91 cases completed, 89 were finalised to judgment level, leaving only two judgments to be handed down this year.

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

Three judges — Justices Tendayi Uchena, Samuel Kudya and Chinembiri Bhunu — were tasked to deal with civil cases during the last quarter of the year.

The Judge President also warned lawyers and the litigating public to brace themselves for a further no-nonsense approach to litigation as another team of three judges will take charge of the fast track civil court this session.

The team, which is led by Justice Charles Hungwe, comprises Justices Alfas Chitakunye and Felistus Chatukuta.

She also said all arms involved in the criminal division of the justice system should synchronise their operations to clear the backlog of cases which continued to rise unabated.

"We have managed to accumulate embarrassing backlogs in our criminal division. Delays of four or more years are now fast becoming the norm rather than the exception," said Justice Makarau.

Last year High Court registrar Mr Charles Nyatanga expressed the need on the part of the courts, prisons and the police and the Attorney-General’s Office to synchronise their operations.

Mr Nyatanga also called on the stakeholders to set up a joint liaison committee that would meet regularly and report on progress, which the Judge President fully supported as the only possible way forward.

"Acting alone none of us will make any headway in reducing the backlog and stamping out crime," said Justice Makarau.

"The criminal justice delivery system is neatly structured in such a way that the police will arrest on suspicion, the AG will accuse on prima facie evidence, the legal fraternity will defend at all times and the courts will convict on proof beyond reasonable doubt."

She said each arm had a critical role to play and when it fails to play out in full the suspect or accused was entitled to his or her freedom.

Justice Makarau, however, commended the cordial relationship that existed between the courts and the legal profession, prosecution, police and prisons.

She said dialogue had been opened between her office and the other four offices for the betterment of the justice delivery in the High Court.

The strengthening of the justice delivery system, she said, should be their rallying call and respect the rule of law and the rights of all Zimbabweans should be the principles to guide all the arms of justice.

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