admin
Leonard Ncube Court Reporter
JUDGE President George Chiweshe has called for the granting of civil jurisdiction to regional courts to act as intermediate courts that will deal with civil matters and ease pressure at the High Court.The call comes amid reports that 3,005 civil matters were taken to the High Court in Bulawayo alone last year, a huge number compared to criminal matters.
Justice Chiweshe, who officially opened the 2014 Legal Year at the Bulawayo High Court on Monday, expressed concern over the increase in civil cases at the High Court.
He said there was a need for an intermediate court that would act as a link between the High Court and magistrates’ courts.
“This role should be played by the regional magistrate, a role they are already playing with regards to criminal matters,” Justice Chiweshe said.
“I am aware that a number of logistical and human constraints must be addressed to enable such a structure to function effectively and necessary resources must be availed soon.”
At the moment the regional court only deals with criminal matters such as attempted murder, armed robbery, aggravated indecent assault, theft of motor vehicles, rape and extreme cases of fraud.
The judge president said the High Court was presently inundated with civil matters which fall within the jurisdiction of the magistratre’s courts.
He also said there was a need to upgrade regional magistrates’ powers of scrutiny to higher levels to enable them to deal with cases currently being referred to the High Court.
The civil matters include divorce, ordinary and urgent chamber applications, civil trials and appeals and applications for provisional judicial management, which Justice Chiweshe said were on the increase as some companies were abusing their privilege.
In respect to divorce cases, the judge president said the rate at which couples were divorcing was regrettable. He said it was deplorable that the trend had continued unabated with an increase of 48 cases in 2013 up from 425 summons in 2012.
Meanwhile, Justice Chiweshe commended the Judicial Service Commission and its partners for working together last year.
“Let me thank all partners in the justice delivery sector for their support and cooperation in 2013. I must thank my colleagues, fellow judges of the High Court who despite numerous challenges remained committed to the discharge of the judicial function to the best of their abilities,” he said.
The opening ceremony was attended by scores of legal practitioners including Advocate SKM Sibanda, members of the Judiciary Service Commission, businesspeople, academics among others.
Online Reporter