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Conrad Mupesa 

Mashonaland West Bureau

THE coming in of the newly-built composite Chinhoyi Court Building commissioned by President Mnangagwa in 2021 with a High Court in situ, has brought impeccable devolution of the judicial system to the province in line with the Second Republic’s agenda. 

The Chinhoyi Courts Building is among many flagships achieved by the Zanu PF-led Government towards attaining Vision 2030. The vision seeks to make Zimbabwe a prosperous upper middle income nation by 2030 and dovetails with the objectives of the African Union’s Agenda 2063.

The new structure roared to life in 2021, with the first High Court cases being tried in 2022.  

Previously, the Chinhoyi Court was housed about 100 metres east of the multi-million-dollar building from where former Chinhoyi Provincial Hospital was converted to a judicial service delivery structure.

The coming in of the Second Republic saw the resumption of the project in 2018 after it was stalled for decades. For local lawyers and civic groups, the new High Court which turned a year this January, is an epitome of the devolving of the judiciary sector within the province.

Speaking to The Herald during the opening of the 2023 legal year, Pamuhacha Trust executive director, Ms Precious Nyamukondiwa said the court would help in the delivery of judicial services to abused children.

Her organisation helps communities to start up initiatives that prevent the spread of HIV in their environment. It also takes care of vulnerable girl children in Makonde districts orphaned by the deadly pandemic through payment of school fees, buying uniforms and other basics.

With the cases of vulnerable children being abused going up, more civic organisations that also advocate against child-abuse thronged the Chinhoyi Provincial Courts during the commencement of the 2023 legal year that was presided over by Judge President, Mary Zimba-Dube to register their appreciation, trust and belief in the judiciary. 

For Mr Mike Mutsvairo of Mushonga, Mutsvairo and Associates, the new court building has accelerated service delivery with cases being heard in time.  

“It is obvious and crystal clear that there is a world of difference between the old court house and the new court house. Cases are not taking long to be heard by the magistrates and judges due to the number of court rooms. 

“This is a state-of-the-art facility, and meets international standards as to what a courthouse should be like in terms of set up,” he said.

The spacious and well-furnished court has all the required gadgets, amenities and features.

It also has ancillary services, such as the Sheriff’s Offices, and Clerk of Courts under one roof.

Mr Fortune Murisi of Murisi Law Firm who has represented his clients at the Chinhoyi High Court concurred, saying the new building inspires efficiency in justice delivery.

Chinhoyi Municipality, which eyes city status by 2023, is also optimistic that the new structure will add weight to the provincial capital’s application.

The council spokesperson, Mr Tichaona Mlauzi, said the multi-million-dollar building was a major investment that would see the provincial capital being upgraded.

“We are quite happy about the establishment of Chinhoyi Courts Building by the JSC, especially as we have a thrust towards city status.

“Chinhoyi is the administrative centre for Mashonaland West, and most of our legal businesses are being done in Harare. So, the decentralisation of the High Court will make the area busy.”

Zimbabwe National Organisation of Associations and Residents Trusts (ZNOART) provincial chairman, Mr Liberty Chitiya said the gigantic court building and High Court seat was beneficial to the whole province with “speedy conclusion of high profile cases and legal demands of province residents, in line with Devolution and Decentralisation policy of 2020. This will see resources and legal facilities brought closer to the people, thereby leaving no one and no place behind.”

A Chinhoyi woman whose daughter’s rape case was heard at the court recently, with the culprit being jailed 18 years was pleased with the time the matter took for judgment to be delivered. 

Faison Mbwana (25) robbed and raped a Form Two student at knife point and was sentenced to six years for robbery and 12 years for rape.

The victim received service in an environment that was designed in such a way that gives confidence and security to complainants. The Zvimba community also expressed happiness at the Chinhoyi High Court following the sentencing of a 24-year-old woman who had connived with her husband in 2018 to murder their employer’s daughter-in-law and escaped to Mozambique after stealing money.

Chinhoyi High Court judge, Justice Catherine Bhachi-Muzawazi found Tabeth Mashizha (24) of Muzanenhamo Village under Chief Chirau guilty in November of murder with constructive intent. She was sentenced to an effective 15 years in jail.

“The landmark ruling on the murderous woman sent shock waves to all wannabe offenders. The quick delivery of justice  was possible due to the coming in of the High Court at Chinhoyi. Had it been the case that the matter was to be heard in Harare, possibly, it could have been still to be heard,” said Mr Elvis Jamu from Chief Chirau area in Zvimba.  

The Judicial Service Commission (JSC), has, since the 1990s, conducted court sessions in a cramped environment, with some cases being deferred until there was an opening at one of the three small court chambers it had.

A woman from Mhangura, Mrs Mary Mufarachiya, who was interviewed by The Herald, said registration of her husband estate would be made easy due to the coming in of the composite court. 

Her husband succumbed to Covid-19 a few months back, and she said the decentralisation of the High Court to Chinhoyi was going to make it easier for her, as she registers her husband’s estate. She is among many people who used to part ways with a lot of money to seek High Court services in Harare.

For traditional leaders, who play a pivotal role in primary justice delivery, the new court has seen the cases that are referred to the courts addressed faster.

Chief Chundu, Senator Abel Mbasera, said the new building had ensured that communities receive services from the High Court seat.

“As chiefs, we are grateful to President Mnangagwa and the Second Republic for decentralising the High Court,” he said.

Chinhoyi seat has managed to decongest Harare High Court as most murder and armed robbery cases were referred to Harare.  

Judge President Zimba-Dube described the high murder and robbery cases that the court has been dealing with since establishment in September, 2021. 

She said the overall performance of the High Court for the year 2022 was very good and applauded honourable judges for the good work. 

“There is a high incidence of robbery and murder cases in the area under review. The number of murder cases in this province is disconcerting as murder has serious effects on the lives of surviving family members,” said the judge president.

“The police do their best to curb crime. The police cannot on their own prevent and protect the public from crime. It is our responsibility as members of our different communities to report crime to law enforcement agencies and actively discourage crime.

“… it would be remiss of me not to acknowledge the efforts put in by other stakeholders in the criminal justice system. This first term of the 2023 Legal Year, the National Prosecuting Authority has indicted and set down for trial 25 murder cases.”

The Court is attending to cases drawn from Chinhoyi, Kadoma, Karoi, Mutorashanga, Zvimba, Chemagamba, Magunje, Kariba, Mhangura and Kenzamba.

The judge president revealed plans were afoot to increase the complement of judges as a result of heavy workload at the station.

The seat is manned by resident judge Justice Philda Muzofa with two Harare-based judges, Justices Pisirayi Kwenda and Catherine Bachi-Mzawazi, carrying out relief duties.

Currently, the complement of judges in the High Court stands at 40 deployed as follows: 28 at Harare, five at Bulawayo, two at Masvingo, two at Mutare and one at Chinhoyi, one at the Zimbabwe Electoral Commission (ZEC) and one at the Zimbabwe Anti-Corruption Commission (ZACC).

“A total 1 515 cases were received during the year 2022. A total of 1 474 cases were completed during the legal year under review, giving a completion rate of 97%.”

Only 41 cases remained pending at end of last year and rolled over to 2023 and are expected to be heard before the closure of the first term. 

Chinhoyi Provincial Court building has basement compartments, over 40 offices, eight courtrooms, eight holding cells, eight detention cells, two libraries, four kitchens, four storerooms and two strong-rooms.

Unlike the new building, which has state-of-the-art and international standard 12-holding cells, the old court building only had one holding cell.

It is erected behind the OK Zimbabwe supermarket, and two streets from Magamba Way, the multi-million-dollar storey structure is a game-changer, not only to the judiciary sector, but also to the provincial capital that eyes city status by 2023.

For passers-by using Magamba Way, the main road that connects the Harare-Chirundu Highway to the central business district (CBD), the great phenomenon is hidden.

Its complex structure houses not only the JSC courts and staff, but other Government arms in the judiciary sector, including the Zimbabwe Republic Police, the Zimbabwe Prisons and Correctional Service and the National Prosecution Authority.

There is a clinic that also serves litigants and members of the public attending to court business.

JSC has since the 1990s conducted court sessions at old Chinhoyi Hospital in a cramped environment with cases either being deferred until there was an opening at one of the three small court chambers it had.

The old court building only had one holding cell with members of the Zimbabwe Prisons and Correctional Service (ZPCS) bearing the usual brunt of escorting the accused back to Chinhoyi Prison some 300 metres east on foot.