Dispense justice on time: Malaba Chief Justice Luke Malaba

Leonard Ncube Victoria Falls Reporter

Judges must dispense justice with reasonable promptness to meet public expectations as society looks up to the bench as an epitome of an orderly society, Chief Justice Luke Malaba said yesterday.

Speaking on the first day of a three-day judicial orientation of the 12 newly appointed High Court judges being conducted by the Judicial Service Commission (JSC), Chief Justice Malaba said the office of the judge was of pivotal social importance and people expected justice to be done and seen.

“The timing of this orientation, therefore, gives you the added advantage of having an insight on what is expected of you and an appreciation of what the office of the judge entails,” he said.

“These sessions are aimed at giving you an opportunity to hone your skills on broad areas that affect your business in court, in chambers and in your day-to-day conduct with the outside world.

“People also expect judges to be organised and make reasoned decisions based on the law when presiding over matters. What the public is expecting is a demonstration of the ability and capacity to dispense justice with reasonable promptness and aptitude.

“Socially, they expect a judge to be of impeccable character. This is because to the people, judges are the fountain of justice and an epitome of an orderly society.”

An effective and functional judiciary required not only a skilled bench, but also one that operated with regard to professional ethical standards to retain public trust and confidence in the fairness and objectivity of the justice delivery system, said Chief Justice Malaba. The induction will equip the new judges with core skills for effective justice delivery in criminal and civil trials, pre-trial conferences, appeals, reviews, applications as well as the new Integrated Electronic Case Management System so that they are able to dispense expeditious and quality justice.

The new judges were sworn in by Chief Justice Malaba on September 29, the day after the appointments were announced. They are Justices Kate Catherine Bachi-Muzawazi, Joseph Chilimbe, Samuel Deme, Rodgers Manyangadze Foroma, Never Katiyo, Elijah Makomo, Lucie-Anne Chipo Mungwari, Munamato Mutevedzi and Bongani Ndlovu.

Though all the appointees had the legal qualifications required by the Constitution, they bring with them varied legal backgrounds.

Only two — Justices Bachi-Muzawazi and Ndlovu — come directly from private practice as legal practitioners.

Justice Foroma has served as a Labour Court judge, but before that was in private legal practice. Three are experienced magistrates — Justices Mutevedzi (who was Chief Magistrate and before that deputy secretary of the Judicial Service Commission), Makomo (most recently JSC deputy secretary) and Mungwari (regional magistrate). Two have been senior Government lawyers — Justices Katiyo (the Ministry of Industry and Commerce) and Deme (the Attorney-General’s Office). And Justice Chilimbe is former legal counsel to a leading bank. In his Victoria Falls orientation speech, Chief Justice Malaba said the days when judicial education and training were seen to be beneath a judge are long gone as the JSC values education and skills development.

More such training are planned for the judges. Chief Justice Malaba said orientation of new judges was an opportunity for them to collectively acquire tools that will equip them for the roles ahead.

“One can never know it all,” he said. “Every judge, therefore, needs judicial education in every aspect of adjudication and judging. Judicial education is key to ensuring high standards of judicial performance and it is a lifelong project. “I appreciate that on your appointment you were coming from different backgrounds. That is the reason why it is important to orient you on the expectations of the office you now occupy.” Chief Justice Malaba said the theme for the 2021 legal year, “Ensuring efficiency and effectiveness of the judiciary”, was a relentless reminder of the work that needed to be done to fully realise the vision of a Zimbabwe in which world class justice prevails.

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