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| Justice Martin Makonese |
Before I proceed with my address, it is with sadness that I remind you all of the untimely death of our late brother Judge, and National Hero Justice Andrew Mutema, who was Senior Judge at the Bulawayo station. His passing away on the 21st of August 2015 robbed us at the Bulawayo High Court of a dedicated leader and colleague. May his soul rest in peace.
Appoint of new Judges to the High Court and Supreme Bench
Allow me, to congratulate Justices Mavangira, Bhunu and Uchena on their appointment to the Supreme Court Bench during 2015. These Judges of Appeal also double up as Constitutional Court judges. On behalf of all my colleagues on the High Court bench and on my own behalf I wish the new judges who sit on the highest courts in the land every success in their new roles.
During 2015 a further six judges were appointed to the High Court bench. These are Justices Foroma, Charewa, Phiri, Chitapi, Mushore and Munangati-Manongwa. I welcome the fellow judges to the bench. I trust that the appointment of experienced judges to the bench will enhance justice delivery in the High Court.
Backlog of cases
I am pleased to inform you that the High Court has put in place various strategies to reduce the backlog of cases that has dogged these court in recent times. There has been a marked improvement in the disposal of cases. Currently there is an audit of all files at the High court to determine those cases that have been that have been lying dormant for several years thus creating a fictitious backlog. I urge all stakeholders, more particularly legal practitioners to ensure that cases they file with the courts on behalf of clients are executed to finality. It is no secret that in criminal cases most appeals against conviction and sentence are lodged for the sole purpose of securing bail on behalf of convicted persons. Once the accused is released on bail pending appeal, the legal practitioner does nothing to prosecute the appeal. Most appeals are ultimately dismissed for want of prosecution. Cases that are not prosecuted clog the system and result in endless applications for condonation for late noting of appeal and leave to appeal out of time. This creates unnecessary pressure on the courts.
Upsurge in violent crime
Let me move to an area which continues to be a cause of concern for the High Court. Despite lengthy prison sentences imposed in matters involving violent crime, particularly murders, there is an upsurge of brutal killings committed by persons of both sexes all around the country. Of major concern is that juvenile offenders are also committing heinous and brutal murders. We now live in a socitey where the respect for human life for some people simply do not exist. Knive stabbings have become common and all manner of weapons such as hoes shovels, logs, spears, axes, stones, bricks etc are used are used to inflict injury against fellow human beings over petty disputes. The courts shall continue to impose heavy penalties on offenders who show little regard for human life. All institutions on our society namely traditional leaders, chiefs, religious organizations, social organizations must play their part in educating our communities on the need to resolve disputes without resorting to violence. l
Domestic Violence Child Sexual Abuse and Corruption
Cases of domestic violence arising from misunderstandings, and crimes of passion are also on the increase. The Police are commended for apprehending offenders and bringing them to account. The courts must play their part in ensuring that just sentences are imposed on offenders. The public will tend to loses faith in the justice delivery system if convicted offenders are seen to be receiving lenient sentences that do no fit the offence and the offender. All judicial officers are urged to shun corruption as this tends to erode public confidence in the judicial system. I would, in this regard urge all stakeholders to report incidences of corruption where these are detected.
Child sexual abuse is a vice that requires all members of society to fight this evil by reporting any such cases to authorities. No right-thinking member of society can condone, let alone encourage abuse of young children for whatever reason. I urge those religious groups that encourage abuse of young children to think and think again. No child should be forced to marry or have sexual relationships with a male person before before the legal age of consent. Child marriages have no place in any democratic and progressive nation. All offenders and sexual predators must be brought to book. I would propose that a national database be created of all persons convicted of child sexual abuse for the purpose of monitoring sexual vultures who tend to re-offend once released from prison. The appropriate legal framework should be put in place to ensure that the tracking of sexual offenders is done without violating the constitutional provisions. I applaud regional magistrates who have handed appropriate sentences for child sexual offenders and say to them they must continue to uphold and enforce the law without fear or favour.
Decentralization of the High Court
The workload at the High Court in Bulawayo and Harare is currently extremely heavy. Efforts by the Judicial Service Commission to establish permanent high court stations at Masvingo, Gweru, and Mutare are commended. The current situation is not sustainable. At this Gweru circuit 19 cases have been set down. These cases are supposed to be dealt within a period of two weeks. The reality is that the court will only be able to deal with a limited number of cases, with the rest being rolled over to the next term. The creation of permanent High Court Stations outside Harare and Bulawayo will therefore be a most welcome development to the justice delivery system.
Upsurge in applications for Judicial Management and Provisional Liquidation
There has been a steady increase in the number of applications we receive at the High Court for Judicial Management and Provisional Liquidation. The concern that I have said is that to an extent there is an abuse of court process in that the majority of these applications are filed for the purposes of evading payment of amount due and owing to creditors. Legal practitioners who take instructions from clients and then go on to frustrate execution of judgements by filing applications for judicial management should desist from that practice. Most applications for Judicial Management are filed and never pursued to the end once creditors have been frustrated and left to cling to Writs of Execution which they cannot enforce.
Before I conclude, I wish to register my appreciation to the Judicial Service Commission for all its efforts and endeavors to improve the conditions of service for the judiciary. In spite of a limited fiscal space a lot has been done towards the improvement at all level of not only the conditions of service but the state of our court buildings. A lot still needs to be done and I hope and trust our key stakeholders shall continue to support our efforts of ensuring an efficient and effective judicial system.
In conclusion I wish to thank all our co-operating partners, and stakeholders, including the National Prosecuting Authority, the Attorney General's Office, the Zimbabwe Republic Police, the Department of Prisons and Correctional Services, the Law Society of Zimbabwe, and legal practitioners, for the support they have given us over the years.
With these remarks, I hereby declare the 2016 Legal Year for Gweru High Court Circuit, officially open.
(Catholic Gweru Diocese leader Right Reverent Xavier Munyongani closes with prayer.)
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