No going back to dark spots of manual justice system

Thandeka Moyo-Ndlovu, [email protected] 

ZIMBABWE’S judicial system will not go back to the dark spots associated with the manual operations as more than 23 000 users have subscribed to the integrated electronic case management system, which has improved the running of the courts. 

President Mnangagwa officially commissioned the first paperless court in Zimbabwe in 2022 when he presided over the opening of the Commercial Division of the High Court. 

The occasion also marked the introduction of e-courts in the Constitutional Court and the Supreme Court. From that date the filing of court documents and processes became electronic.

In her speech to mark the official opening of the 2024 legal year, Deputy Chief Justice Elizabeth Gwaunza said the courts’ digitisation programme was and remains wholly in line with the trajectory adopted by the Second Republic on e-governance and the ease of doing business. 

She said as a result of the introduction of the IECMS and the general digitization of the courts, the turnover period of court cases has been significantly shortened.

Justice Gwaunza said the benefits of the IECMS far outweigh the perceived and real challenges witnessed in some divisions. 

“There were large volumes of cases and a high number of litigants and those numbers congested the system. When the system went live, many legal practitioners wanted to be linked to the system at the same time,” she said. “Members of staff in the registry and ICT departments were not ready for the simultaneous massive response. The internet connectivity, particularly at Harare and Bulawayo High Courts was overwhelmed. 

“The e-filing offices established at those courts became overcrowded because legal practitioners, who also appeared to have been caught off-guard, chose to visit the offices and exploit the availability of the required gadgets and the internet facilities at the courts.”

According to Justice Gwaunza, the solution to that would be to embrace IECMS as opposed to reverting to the manual way of doing things as it came with a lot of setbacks. 

“The solution to any of the challenges is not to go back to the manual system as others seem to think. The new system has dealt decisively with inefficiency, corruption, constant missing records and pleadings, back-stamping of documents filed late by parties, clandestine setting down of matters and many other evils pointed out by stakeholders,” she said. 

“The system of justice delivery cannot afford to go back to those dark spots. The digital system has brought efficiency and transparency,” said Justice Gwaunza. 

She singled out the legal profession as the biggest consumer of the services delivered under the programme. 

“The legal practitioners under the stewardship of the Law Society of Zimbabwe have been unwavering in their support of the IECMS,” said Justice Gwaunza.

She said positive, candid criticism and engagements with the JSC have been nothing but excellent, projecting the positive attitude of the legal profession that has spurred the JSC onto the stage where there are now 23 623 users of the system.

“It would not make sense if the Judges were not commended for the zeal with, which they all embraced and assumed ownership of the system. The feedback received is that Judges have acknowledged that the digitization of courts has removed a significant burden from their workload and that there cannot be any turning back,” said Justice Gwaunza. 

She said without the support and positivity from Judges, the difficulties would likely have been insurmountable.

Justice Gwaunza said despite the challenges, JSC was working flat out in terms of construction of additional courts in different parts of the country.

 “Various other projects for the construction of courthouses remain underway and are at different stages of completion at Mutawatawa, Chiredzi, Gwanda and Cowdray Park in Bulawayo. At Chegutu and Mbare, the construction of additional courtrooms is also underway, with one of the courtrooms earmarked as a regional magistrates’ court. These projects will be completed this year,” she said.