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with immediate effect as efforts are being made to reduce backlogs.
Officially opening the 2012 Legal Year yesterday, Judge President (JP) George Chiweshe said retired Supreme Court judge, Justice Meshack Cheda, and Justice Martin Makonese have been appointed to beef up the number of judges at the Bulawayo High Court.
They join senior Bulawayo High Court judge, Justice Nicholas Ndou, Justices Lawrence Kamocha and Maphios Cheda.
Justice Nicholas Mathonsi has been re-assigned to the Harare High Court.
Judges at the High Court in Bulawayo also sit on High Court circuit courts in Gweru and Hwange and JP Chiweshe noted that with a substantial number of criminal cases emanating from Matabeleland South
Province, the alternative was opening a High Court circuit court in Matabeleland South.
He added that this was an option that had to be seriously considered.
At present, only an average of 22 cases can be heard per term translating to 66 cases per year as there is only one criminal court sitting per day from Tuesday to Friday.
“The volume of work continued to increase. Ideally, the complement of judges at the High Court in Bulawayo is a minimum of five. In 2011, the complement has been four judges. This development has negatively impacted on the operations of the High Court in Bulawayo.
“Further, the structure of the High Court building does not allow much room for expansion. This building is ancient and can only produce three courtrooms,” said the Judge President.
He said in order to address the problems, the number of judges had been increased to five and the Ministry of Public Works was consulted with a view of creating a fourth courtroom in the High Court building.
He noted that the structure of the High Court building did not allow much room for expansion, adding that the building could only produce three courtrooms.
JP Chiweshe expressed concern over the fact that on some days, the judges had to share a courtroom with one sitting only after the other had adjourned.
Furthermore, the High Court has insufficient recording facilities, which are a prerequisite in trials.
“Bail applications are being held in judges’ chambers. A more flexible method of setting down of opposed matters is being used. Individual judges set the matters on days when courtrooms are available. There is in place a deliberate policy to encourage litigants to settle out of court and avoid unnecessary litigation,” said JP Chiweshe.
He noted that the Deputy Registrar “has a disturbing staff deficit” which creates problems in the smooth running of the court.
Added the Judge President: “Of particular concern is the High Court library which has operated for almost two years without a librarian. Happily the Judicial Service Commission is actively attending to these and other shortfalls.”
The Bulawayo High Court, he further noted, has operated without a switchboard for almost five years, adding that this position was untenable as it made both internal and external communication very difficult and expensive.
He said the judiciary continued to enjoy cordial relations with other stakeholders in the justice delivery system such as the Attorney General’s Office, the police and the Zimbabwe Prison Service.
He noted that last year, judges and the Law Society of Zimbabwe held another indaba between the profession and the judiciary where matters of mutual concern were discussed.
The JP acknowledged the financial support afforded to the judiciary by some co-operating partners, in particular the Danish Government and the United Nations Development Programme, adding that they looked forward to their continued support.
Before the start of the proceedings, JP Chiweshe inspected a quarter guard mounted by members of the police stationed at Bulawayo Central Police Station and thereafter greeted VIPs who included the Mayor of Bulawayo, Councillor Thaba Moyo, and Mayor of Gwanda, Lionel De Necker.
Retired High Court judge, Justice Siwanda Kennedy Mbuso Sibanda, Law Society Board of Trustees chairman, Mr Promise Ncube, service chiefs, magistrates, prosecutors, lawyers and invited guests graced the occasion.
Online Reporter