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Fidelis Munyoro Chief Court Reporter
Commercial courts are set to play a critical role towards national efforts in attracting foreign direct investment, a High Court judge has said.

Justice Joseph Martin Mafusire made the remarks while presenting a paper at the UZ Symposium for the validation process of the Commercial Court draft rules, held last week.

The symposium drew participants from various stakeholders from the law society, law students and representatives from some corporates came together to debate, critique and endorse the draft rules.

The commercial court refers to all the specialised divisions in the various courts such as the Small Claims Courts, the Magistrates’ Court and the High Court.

“In a nutshell, the commercial court is designed to improve the ease of doing business in Zimbabwe in line with the World Bank criteria,” said Justice Mafusire.

“One such criterion looks at the speed at which commercial disputes are resolved in today’s technology-driven business world.”

Justice Mafusire said, according to the World Bank criteria, “Doing Business” among other things measures the time and cost for resolving a commercial dispute through the court of first-instance.

“The concept also measures the quality of the judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system,” he said.

“For us it is hoped that the commercial court is the tool or organ by which the judiciary will contribute, in its sphere of operation, towards the national effort in attracting in-bound foreign direct investment.

“The core function of the Commercial Court should be the expeditious resolution of commercial disputes according to international best practices to enhance efficient justice delivery.”

The resolution of commercial disputes has evolved over time with changing technology and changes in practices, prompting the Judicial Service Commission to move with time to establish commercial courts.

This also gives impetus to President Mnangagwa’s administration that seeks to have the legal system of dispute resolution moulded to business needs and exigencies.

Justice Mafusire heads a team of selected members of the legal profession and the Judicial Service Commission secretariat, that forms a special committee tasked to draft the rules for the soon to be opened Commercial Court, a division of the High Court.

The other members of the committee are — veteran lawyers Messrs Edwin Manikai, Tinoziva Bere, Addington Chinake, and Sithembinkosi Msipa, the acting Deputy Secretary of the Judicial Service Commission, and Mrs Renika Dzikiti, acting deputy registrar of the High Court.

Last month, the committee handed over the draft commercial court rules to Chief Justice Luke Malaba for the other processes necessary for formal promulgation   into law