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Gibson Mhaka
TRADITIONAL Chiefs have been hailed by the Chief Justice Luke Malaba for working closely with the Judiciary Service Commission (JSC), who acknowledged them as an important player in the justice delivery sector.
Speaking at the official opening of the 2025 legal year at the Bulawayo High Court on Monday, Chief Justice Malaba acknowledged that traditional Chiefs play a crucial role in resolving many community disputes through customary courts, effectively applying alternative dispute resolution (ADR) mechanisms.
The landmark event traditionally held at the Constitutional Court in Harare was yesterday held at the Bulawayo High Court presided over the by the Chief Justice Luke Malaba under the theme ‘Building public Confidence in the Judiciary through stakeholder participation”, a clarion call to strengthen trust and engagement with the justice system’s commitment to inclusivity, transparency, and accountability.
“Before concluding on the theme chosen for the current legal year, I also wish to advertise a very important player in the justice
delivery sector, which is the institution of traditional Chiefs.
“Chiefs resolve many community disputes through the customary courts, applying alternative dispute resolution (ADR) mechanisms. Sections 162 and 163 of the Constitution affirm that Chiefs are part of the Judiciary and are bound by the same ethical and other standards as other courts,” said CJ Malaba.
He said the JSC will continue to support traditional courts to ensure fairness, efficiency, and adherence to constitutional principles.
“No court, customary or otherwise can function effectively without adequate resources and respect for fundamental rights. In line with this year’s theme, priority will be given to the performance of customary courts.
“The Secretary of the Judicial Service Commission has been directed to engage with the Chiefs’ Council to enhance training and provide additional resource support,” said CJ Malaba.
He said that beyond customary courts, ADR mechanisms are set to play a larger role in our justice system.
“The Judiciary is establishing a Court-Annexed ADR system for both criminal and civil cases. Under this model, experts will assist in mediation and conciliation. The use of ADRs is now considered as one of the best practices globally and has been
adopted successfully in many jurisdictions.
“We certainly cannot afford to be left behind. The Honourable Chief Justice has set up a committee led by a Judge of the High Court to steer the establishment of the ADR system in our jurisdiction,” he said.
Online Reporter