adminOliver Kazunga Senior Business Reporter
PLANS by the government to set up a specialised commercial court are a step in the right direction with legal experts saying this would help reduce backlog on cases of a commercial nature at the general courts.
The government has started mobilising resources for the establishment of a commercial court to deal with rising corporate and white-collar crimes in the country.
The initiative was discussed in Parliament recently with legislators agreeing that a commercial court was needed to facilitate an efficient system that tackles commercial cases.
In separate interviews, lawyers concurred that in countries where such courts have been established, there was a speedy justice delivery system in cases of commercial crime.
“If designed in Zimbabwe, we hope it’ll expedite justice delivery on cases of commercial nature,” said Ndabezinhle Mazibuko, a Bulawayo lawyer.
“So far, the general courts have a backlog of cases of commercial nature because at times such disputes aren’t being given precedence.”
Mazibuko said South Africa and a number of other developed countries across the world had specialised commercial courts.
Of late, there has been a perception that commercial litigation in the country was frustratingly slow while the costs are far too high.
Another legal expert, Kucaca Phulu said: “If we were to establish such a court, I think what ought to be done is to establish it as a division within the High Court. It would also be important to have it with a specialised judge and lawyers in order to keep in line with modern trends,” he said.
“Paradoxically, such a court should be established within a booming economy and we hope that our economy will soon blossom.”
Godfrey Nyoni, another lawyer welcomed plans to set up the commercial court saying it would go a long way in attracting foreign direct investment into the country.
“In my own view, I think it’ll be a step in the right direction to have a specialised commercial court established in the country. This is because at present we’ve a lot of commercial transactions taking place as a result of the multicurrency system. For example, we’ve a case pitting Mbada diamonds investors and the government. In such a situation, we would need specialised judges and lawyers to deliver justice,” he said.
Nyoni said countries such as Botswana, though it does not have a specialised commercial court, has a case management system, which is efficient in expediting justice on matters of a commercial nature.
“Due to the absence of a commercial court in the country, cases of commercial nature are taking longer to be concluded as there’s no law stipulating that such matters should be given precedence over any other cases such as murder and divorce, among others,” he said.
Bongani Ndlovu
Online Reporter