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Herald Reporters

The sharp drop in the number of complaints against police officers assaulting suspects to extract confessions has been hailed by Constitutional Court Judge Justice Rita Makarau, who said the progress shows the nation is entrenching constitutionalism.

Opening the 2024 Legal Year at the Masvingo High Court yesterday, Justice Makarau also commended the religious holding of elections whenever they are due in the country as an indication of the observance of constitutionalism in Zimbabwe.

Justice Makarau noted that wielders of state power should always act within the spirit of the Constitution, saying it was heartening to note that cases of the police assaulting arrested persons were going down which was in sync with the importance of according respect and inherent dignity to arrested persons all the time.

“Similarly we now hear fewer and fewer cases of members of the Zimbabwe Republic Police assaulting arrested persons to admit to offences as a method of investigation. Arrested persons remain human beings whose worth and inherent dignity must be respected at all times. But more importantly for the people, the fundamental rights that are accorded to all arrested must be recognised and enforced and should not be viewed as hindrance to investigations.”

She also hailed the Zimbabwe Prisons and Correctional Services for embracing the concept that all, “prisoners are human beings and even when they have offended and are being rehabilitated, their inherent dignity and worth as human beings be recognised”.

She praised the country’s track record of holding polls when they are due. The recent holding of harmonised elections when they were due in 2023 was another feather on the nation’s hat in the observance of constitutionalism.

Justice Makarau said the judiciary was a key pillar in the drive to entrech constitutionalism in the “fabric of the Zimbabwean society”.

“I would draw attention to the holding of the recent elections in 2023 when they fell due as one fine example of how the country has made commendable efforts to observe constitutionalism. When constitutionalism has been entreched even the simplest mind in the most remote village in the country will defend the holding of elections on due date,” said Justice Makarau.

The Constitutional Court judge said when constitutionalism has been entreched in a society, the holding of elections when due becomes routine or common place that “no one under any circumstances may seek justification for or against the holding of elections on due date.

She said efforts should also be intensified to extend training on legal issues to traditional leaders.

The opening ceremony was witnessed by Masvingo Provincial Affairs and Devolution Minister Ezra Chadzamira, Chiefs Council deputy president Chief Fortune Charumbira, judges, lawyers and other stakeholders from across Masvingo.

Speaking at Chinhoyi Provincial Court yesterday, Judge President of the High Court of Zimbabwe Justice Mary Zimba Dube applauded the High Court for last year’s performance which saw a clearance rate of 98,1 percent of cases.

“The High Court commenced the year with 1 254 cases and received 26 840 cases to have a total workload of 28 094. Of the 28 094 cases, 27 553 cases were completed leaving 541 pending cases,” he said.

She said the higher performance was as a result of the use of alternative dispute resolution mechanisms such as the PTC procedure and other case management practices.

The use of virtual hearings and the hard work of staffers were also cited as reasons behind good performance.

Turning to Chinhoyi High Court’s performance, Justice Zimba Dube applauded the court for workimgng tirelessly to achieve a clearance rate above 98,5 percent.

The Chinhoyi High Court Civil Division had a total workload of 347 matters and completed 342. The Criminal Division had a total workload of 1 775 matters and completed 1 766.

She also took time to discourage corruption and call for the judicial community to brace for the fight against corruption.

“We all need to brace for the fight against corruption. Corruption has a negative effect on the economy. It is a cancer that is eating at the roots of our society,” she said.

Various organisations and stakeholders at the event applauded the Judicial Service Commission for spearheading justice in the community.

Director and co-founder of Pamuhacha, a non-governmental organisation that champions girl child and HIV/AIDS victims, said the sentencing guidelines for rape and child abuse by the JSC was commendable.

In Mutare, Constitutional Court Judge Justice Paddington Garwe said conditions of service for employees in the Judicial Service Commission had fallen far below reasonable levels and this had resulted in a high staff turnover, militating against effective justice delivery, .

Commenting on the challenges faced by the JSC during the year 2023 while delivering his keynote address during the official opening of the legal year in Mutare, Justice Garwe bemoaned the state of accommodation for magistrates.

“During 2023, the JSC noted with concern the state of some of the houses allocated to magistrates. The JSC is alive to the requirement that magistrates are entitled to decent conditions of service, which include appropriate housing.

“There is an ongoing exercise to renovate the houses occupied by magistrates as well as to upgrade their security. To do so, the JSC depends on Treasury support to be able to fully renovate all houses of magistrates and bestow the appropriate decency to the judicial officers,” he said.

Justice Garwe also decried funding constraints that are militating against smooth delivery of justice.

“The JSC’s activities were not smooth sailing throughout 2023 due to staff attrition. The harsh economic climate resulted in remuneration for the majority of the Judicial Service falling below reasonable levels, which invariably led to an alarming percentage of employee turnover especially in the lower ranks of the organisation.

“The JSC implores the Government to continue supporting its initiatives to ensure that the conditions of service for members of staff involved in the administration of justice continue to improve.

“While the JSC is grateful for the support rendered by Treasury during the period under review, the timeous and consistent disbursement of funds will assist in ensuring effective justice delivery for all, completion of outstanding projects and improving the conditions of service of members of staff,” he said.

Justice Garwe highlighted the need to put in place staff retention mechanisms for purposes of preserving institutional memory.

“The JSC needs to retain its institutional memory through staff retention of experienced members of staff, particularly those in the Magistracy who are involved in the administration of justice at the grassroots level throughout the ten provinces,” said Justice Garwe.