admin
Patrick Chitumba Midlands Bureau Chief
Government has increased the monetary jurisdiction of magistrates’ civil court from RTGS$10 000 to RTGS $300 000 in a move set to promote access to justice and to ease pressure on superior courts. The move is expected to ensure expeditious and quality justice considering that more cases will be spread among many judicial officers in the lower courts.
The limit has been increased through Statutory Instrument 126 of 2019.
The Justice, Legal and Parliamentary Affairs Ministry made the rules in terms of section 73 of the Magistrates Court Act (Chapter 7:10).
The new law opened up judiciary to the ordinary Zimbabwean who could not afford to approach the High Court for various reasons.
Magistrates’ court are found even in the rural areas, while the High Court can only be found in Harare, Bulawayo, Mutare and Masvingo.
Justice, Legal and Parliamentary Affairs permanent secretary Mrs Virginia Mabiza said the increase in monetary jurisdiction will go a long way in improving access to justice.
“It serves to improve access to justice in the sense that magistrates are easier to approach than superior courts,” she said. “Magistrates’ court are found in every corner of the country and those who stay in the rural parts of Zimbabwe can easily go there with their claims.
“Those who cannot afford lawyers find it more difficult to appear before judges of the High Court than magistrates. The development also reduces the backlog in the High Court, which has fewer judges. More cases will now go to the magistrates’ court where there are more judicial officers.”
Harare lawyer Mr Wellington Pasipanodya of Manase & Manase Legal Practitioners hailed the development.
“This is a welcome development, which will see the High Court being decongested,” he said. “It will ensure a speedy resolution of matters as the magistrates’ court has a lot of judicial personnel.
“The downside, however, is that there might be an increase of a flood of appeals to the High Court by disgruntled litigants which might have an adverse and unintended effect of contesting the High Court.”
Another lawyer Ms Jacqueline Sande welcomed the development, saying the $10 000 had been eroded by inflation.
“This is a welcome move as the previous amount had been eroded by inflation, thus resulting in the upper courts being inundated with claims of a lower value,” she said.
South Africa-based Zimbabwean lawyer Mrs Tambudzai Gonese-Manjonjo commended the Government for regularly reviewing the monetary jurisdictions.
“I think that it is good for Government to regularly review the limits because of the loss in the value of money,” she said.
Online Reporter