This means that the longer it takes for an accused person to be taken to court, the longer that person is denied justice and a chance to have their day in court.
A person is presumed innocent until proven guilty in a court of law and while there is a common saying that the wheels of justice move very slowly, it would be ideal for accused people to be tried within a reasonably short period.
Sadly, this has not been the case in our courts as our judiciary grapples with various challenges which range from shortage of judges and magistrates, poor remuneration to inadequate accommodation and archaic equipment.
Not that these things are new. The Government, through the parent Ministry of Justice and Legal Affairs, has been aware of the challenges facing the judiciary for a long time but it too is hamstrung to do anything meaningful.
The setting up of the Judicial Services Commission, with total control of the budget for judicial service, early last year was a giant leap forward which was aimed at addressing some of these challenges.
But officially opening the 2012 legal year in Bulawayo on Monday, Judge President Justice John Chiweshe lamented the complement of judges and shortage of office space at the Bulawayo High Court during the past year which, he said, negatively impacted on the operations of the court in the country’s second largest city.
The High Court building in the city does not allow much room for expansion as it was ancient and could only produce three courtrooms.
On some days, judges had to share a courtroom with one sitting only after the other had adjourned. The High Court also had insufficient recording facilities, which are a prerequisite in trials.
Justice Chiweshe said in order to address the problem, the number of judges had been increased to five while the Ministry of Public Works was consulted with a view to creating a fourth courtroom in the High Court building.
It is our hope that the JSC has over the years noted areas that need urgent funding and will attend to these so that there is smooth administration and delivery of justice.
We are well aware of funding constraints in almost every sector as we are not yet in the economic Promised Land, but we certainly do not expect those entrusted with running and funding our judicial service to fold their arms and watch.
The fact that the High Court in Bulawayo, despite facing these numerous challenges, managed to have a higher rate of disposition of cases means it can do much more once those bottlenecks affecting the delivery of justice are smoothened.
As the 2012 legal year commences, the JSC must look back and draw lessons from the past year as we move forward. While we are glad that our justice delivery system remains one of the best in the world in spite of these pitfalls, we need not rest on our laurels.



