Sydney Kawadza Senior Features Writer
It is often remarked that justice delayed is justice denied. The delays in delivering justice may be due to a multifarious array of situations, deliberate or not, but in the most of innocent cases, it is because there is a dearth of places and resources to administer justice. Hence, people may have to travel long distances to court houses or unduly wait for their turn in the logjam of backlogs.

Government, through the Judicial Service Commission, is set to change this grim picture of delayed justice.

Together with its co-operating partners, JSC has set a target to build 30 court houses across Zimbabwe. That sounds a tall order in these austere times but the JSC feels this is achievable.

“Our aim is to ensure access to justice for the people of Zimbabwe and this is primarily achieved through physical and financial access to justice for our citizens,” says Chief Magistrate Mr Mishrod Guvamombe.

Six new courts have been completed in Nkayi, Victoria Falls, Binga, Beitbridge, Mwenezi and Chivi. Construction of six other courts, according to Mr Mr Guvamombe, has started in Shurugwi, Mvuma, Zvishavane, Murambinda, Goromonzi and Bindura.

A further 18 other centres have been identified for construction of new magistrates’ courts including Nyanga, Lupane, Kezi, Filabusi, Zaka and Bikita.

Other new courts will be built in Kariba, Karoi, Kadoma, Chegutu, Wedza and Mutawatawa.

Centres such as Mahuwe, Centenary, Concession, Mt Darwin, Mberengwa and Kwekwe will also have new court buildings in the near future.

The JSC has already completed construction of the Murehwa Magistrates’ Court.

Mr Guvamombe said co-operating partners such as Save the Children, Danida, Unicef and Plan International had been assisting in promoting justice delivery across Zimbabwe.

“We have completed construction of courts in areas such Chiredzi, Mutoko, Tsholotsho and Mutasa in partnership with non-governmental organisations and these have made a huge improvement to our work,” he said.

Mr Guvamombe added that funds permitting, there would be a major facelift to some of the courts that were built a long time ago.

“We want to create a conducive environment for all that are seeking our services including the disabled. So our courts should have facilities for them too,” he said.

The chief magistrate believes that the distance travelled by litigants, suspects and witnesses is a hindrance to their objectives.

“We have 25 regional courts sitting across Zimbabwe but this can be a disadvantage to those seeking the courts’ services. If we have witnesses or litigants travelling, for example, from Mukumbura to Bindura, Kariba to Chinhoyi or even Chipinge to Mutare for the regional court sitting, then there is an element of prejudice for the people involved,” he said.

The regional magistrates’ courts handle Third Schedule offences such as sexual offences, e.g. rape, aggravated indecent assault, sodomy, attempted murder, armed robberies and car theft, among others.

“This is the apex magistrates’ court with jurisdiction to try cases between the ordinary magistrates’ court and the High Court. Its importance cannot be overemphasised especially for those who need the courts’ services.

“We also have periodical courts also known as circuit courts which have been helpful in cutting distances covered by those seeking justice,” Mr Guvamombe said.

He said many people were seeking courts’ services hence the need to increase the number of courts in Zimbabwe.

“There is an increase in litigation in Zimbabwe and the main objective is to take the courts to where the people are. So we need to double the regional courts and have at least 50 across the country.

“We intend to deploy regional magistrates so that people do not have to travel long distances in seeking justice.”

Chief Magistrate Guvamombe paid tribute to the magistrates in Zimbabwe.

“I would like to commend the magistrates for working hard to reduce the backlog that we had been saddled with. Their work rate is quite remarkable.

“However, we need to increase the numbers so that the sitting magistrates can find time to do research and read so that we are assured of quality and satisfactory judgments,” he said.

Mr Guvamombe says his department strives to try all cases timeously.

“The magistrates are motivated and are hardworking and it is clear with the time they have dedicated to be in the courts to try all the cases on their desks,” he said.

The chief magistrate believes co-operating partners from other departments have been instrumental to the success achieved at the magistrates’ court.

“We are always grateful to the support we are getting from such departments as the Zimbabwe Republic Police, Zimbabwe Prisons and Correctional Services, the National Prosecution Authority and the Law Society of Zimbabwe.”

The country’s top magistrate also believes the JSC has been quite helpful.

“The JSC is operating under difficult circumstances but their assistance has been tremendous. We are all operating under a small fiscal space hence the need to cut our expenses. As a department we are trying to contain certain expenses such as witness fees and other related expenses hence the need to take the courts to the people,” he said.

The courts in Zimbabwe have also been working on creating a conducive environment for vulnerable members of the community.

“There are disadvantage people in our communities hence the efforts we are making with our partners to establish Victim Friendly Courts and these come in all categories from children who cannot appear before our normal courts,” he said.

Mr Guvamombe believes that the dis- abled should also have access to the courts.

“We are working on improving all our buildings across Zimbabwe and with funds permitting the courts that were built a long time ago should receive a facelift,” he said.

Mr Guvamombe, however, noted a variety of challenges afflicting his department.

“Like every department, we have our challenges some of them financial but the main problem that needs highlighting is transport.

“We have magistrates that attend to circuit courts and these need transport so that the chain in the justice delivery system is not broken,” he said.

The department has about 250 magistrates at all levels but it is saddled with a vacancy rate of 42 magistrates. But there are other achievements to savour. The justice system has made strides in addressing the backlog of cases had nearly clogged the system. Mr Guvamombe has declared that justice has to be served so that the people are not denied. He points to the success achieved in the last four years.

“We had a backlog of close to 49 000 cases in 2011 but through the hard work of the magistrates across Zimbabwe, the backlog has been reduced to around 3 000 cases,” he said.

According to the United Nations Development Programme on Access to Justice and Rule of Law, the poor and marginalised are too often denied the ability to seek remedies in a fair justice system.

“In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination or hold decision-makers accountable. Rule of law is the foundation for both justice and security.

“Together, rule of law, access to justice and legal empowerment contribute to an enabling environment for achieving the Millennium Development Goals. They can spur economic growth and help to create a safe and secure environment for recovery in the aftermath of conflict or disaster.

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