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That saw magistrates handling civil claims of up US$10 000, a development that legal experts say would go a long way in decongesting the High Court that was inundated with smaller claims that could be handled by lower courts.
Justice and Legal Affairs Deputy Minister Obert Gutu hailed the development, saying it would help reduce pressure on the available few High Court judges.
He said the High Court bench was short-staffed and Government had to allow magistrates to assist them. “Petty cases were flooding the High Court that is under-staffed.
The High Court needs 10 more judges as we speak and the decision by Government was to reduce pressure on the few judges.
“Judges are being overworked and they always have too much on their desks.
“The High Court was inundated with small claims that could have been dealt with at a lower level considering that magistrates are all over the country,” he said.
Deputy Minister Gutu said at the High Court litigation was costly compared to instituting proceedings at the magistrates’ civil courts and the decision by Government would allow the less privileged to access justice.
“One would not pursue a US$2 500 claim at the High Court when lawyers required thousands,” he said.
Prominent Harare lawyer Mr Wellington Pasipanodya of Manase and Manase law firm said the decision was a noble one.
“We embrace and applaud the Ministry of Justice and Legal Affairs for the noble decision. This move will see faster finalisation of matters.
“Further we have more lower courts in Zimbabwe which have both the time and the capacity to expeditiously deal with cases. There are magistrates’ courts in all provinces of the country while the High Court only sits in Harare and Bulawayo,” said Mr Pasipanodya.
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Ms Jacqueline Sande of Sande and Company said the development would see the wheels of justice moving faster although there were some problems associated with the lower courts.
“However, some matters are best dealt with by the High Court as the lower courts may lack the necessary expertise possessed by the High Court judges. This may result in the same matters finding their way to the High Court through appeals,” she said.
Online Reporter