Online Reporter
Rutendo Nyeve
ZIMBABWE has recorded significant progress in advancing Alternative Dispute Resolution (ADR) mechanisms, a development expected to reduce case backlogs in the courts, enhance access to justice, and position the country as an attractive destination for both local and foreign investment.
The issue took centre stage yesterday on the second day of the End of First Term Judges’ Symposium in Victoria Falls, where judicial officers from across the country gathered under the theme: “The Application of Artificial Intelligence Technology in the Processes and Proceedings of the Judicial Service”.
Chairperson of the Commercial Arbitration Centre, Mr Muchadeyi Masunda, presented on ‘ADR in Zimbabwe: Building the Case for Court-Annexed Mediation’, while Justice Chitapi of the High Court delivered an update on court-annexed mediation.
In an interview with Zimpapers, Mr Masunda said robust ADR frameworks directly influence investment decisions.
“My application is from the perspective of investors when they are enticed to come to Zimbabwe. As you know, our President travels widely to promote investment in Zimbabwe, and his mantra is that Zimbabwe is open for business.
“But when those investors arrive, one of the first questions they ask is: what happens if a dispute arises between the investor and the local party? They need confidence that whatever dispute may emerge in the course of their investment will be resolved for the benefit of both parties,” said Mr Masunda.
He said ADR schemes currently in place go a long way towards making Zimbabwe a desirable investment destination.
“We already have a very strong judiciary. The judiciary is one of the four pillars of democracy, alongside the executive, the legislature, and the media as the fourth estate,” said Mr Masunda.
“The judiciary must be seen to be independent, not just talk about independence. If these four pillars work as they should, Zimbabwe will become a desirable destination for investment because we possess abundant natural resources, including mineral deposits and some of the largest coal deposits in the world.
“All we need is to join the dots and ensure that we achieve what we should achieve to make our economy amongst the best, not just in Africa but in the world,” he added.
Mr Masunda warned against working in silos.
“We must reflect on what we are supposed to do in our respective lanes and join the dots to ensure that all four pillars talk to each other. If we continue working in silos, we run the risk of not working in sync, and we end up causing irreparable harm to our prospects of attracting the investment we need,” he said.
Justice Chitapi provided a progress update on the implementation of court-annexed mediation, revealing that the framework is nearly ready for rollout.
“We are at a stage where we are just waiting for legislative approvals. We have gone through the whole journey of doing the necessary desk research,” he said.
“We have also visited other countries for benchmarking so that we can come up with a refined system suited to our own needs. We have since drafted the necessary legislation to enable the system to start working,” said Justice Chitapi.
He explained that the system is comprehensive, covering both civil and criminal litigation.
“Mediation is simply there to avoid trials at court. Parties are persuaded by trained mediators to agree on their dispute. If they do, their agreement is recorded as an order of the court. This has been known to reduce case backlogs, with success rates of up to 70 percent. Namibia, for example, achieved that figure. We did not come across a success rate in our research below 65 percent,” he said.
Justice Chitapi said beyond reducing backlogs, the process is faster and carries significant economic benefits.
“Economic disputes are quickly resolved, and business continues as usual. We have moved 90 percent of the way, and there is only a little time left for those approvals. Once we are ready to go, the impact will be transformative,” he said.
