Law textbooks shortage: Judges forced to borrow

Justice Makarau
Justice Makarau

Abigail Mawonde Herald Reporter
The shortage of law textbooks has seen higher courts postponing cases to enable judges to borrow books from other sources before pronouncing their decisions. Speaking during the donation of textbooks to the Judicial Service Commission by Danish International Development Agency (DANIDA), Law Society of Zimbabwe president and commissioner in the Judicial Services Commission, Mr Lloyd Mhishi, said the unavailability of books was delaying passing of judgments.

“Often-time, courts have had to adjourn to enable practitioners to go and bring the authorities they would have cited,” he said.

This was confirmed by Justice Rita Makarau.

“Less humorous was the anecdote from one High Court Judge who reported that after hearing argument from an advocate who had referred to a text which was not available from the judges’ library, he found it very demeaning having to direct his clerk for a copy of the text from the Advocate to enable him to prepare his judgment,” said Justice Makarau.

DANIDA donated 1 700 books worth R2 million.

Justice Makarau received the books from Mr Erik Rasmussen.

Mr Mhishi said the donation would improve service delivery in the judiciary.

“Capacitating the judiciary through the provisions of law books has the effect of boosting judiciary independence and enhancing justice delivery system.

“Judiciary independence has a relationship with the rule of law, which is necessary for economic prosperity,” he said.

He said there were areas that still needed attention.

“We still need to see more being done in terms of leveraging ICTs in the justice delivery system. The issue of recording equipment is one that has been raised before,” he said.

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