Rule of law, justice integral to thriving society

Veteran lawyer MRS VIMBAI NYEMBA (VN) was recently appointed by President Mnangagwa the new Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs. She replaced Mrs Virginia Mabiza, who became the country’s first female Attorney-General. The Sunday Mail’s TANYARADZWA RUSIKE (TR) spoke to Mrs Nyemba about her appointment and plans going forward.

***************

TR : You have been appointed Justice, Legal and Parliamentary Affairs Permanent Secretary. What does this appointment mean to you?

VN : Assuming the role of Permanent Secretary for Justice, Legal and Parliamentary Affairs is a profound honour, as this is a position of great responsibility. This appointment signifies a recognition of my expertise, dedication and commitment to upholding the principles of justice and the rule of law. It also represents an opportunity to contribute meaningfully to the legal and parliamentary systems of our nation. It is a chance to make a lasting impact by ensuring that justice is accessible to all, that the legal framework is robust and fair, and that our parliamentary processes are transparent and accountable.

As the Permanent Secretary, I see myself as a guardian of justice, entrusted with the task of fostering a legal and parliamentary environment that safeguards the rights and interests of our citizens.  It is a chance to shape policies, enact reforms and champion the values that underpin a just and equitable society.

This appointment also brings with it a sense of humility and a deep understanding of the weight of responsibilities bestowed upon me.

It is a calling to serve the people, to ensure that their voices are heard, and to uphold the principles of justice without compromise.

I am committed to working diligently with my colleagues, legal professionals and stakeholders to navigate the complexities of the legal and parliamentary landscape.  Together, we will strive to build a system that instils confidence, promotes accountability and protects the rights of all individuals. In essence, this appointment is a testament to my lifelong commitment to the pursuit of justice and betterment of our legal and parliamentary institutions.  I am eager to embark on this journey, ready to face the challenges ahead and determined to make a positive and lasting impact on our justice system and the lives of our fellow citizens.

TR : Can you outline the significance of your appointment?

VN : My appointment as the Permanent Secretary for Justice, Legal and Parliamentary Affairs carries immense significance on various levels.

Allow me to outline the key aspects that make this appointment significant:

1. Leadership and governance: As the Permanent Secretary, I become a central figure in the leadership and governance of the justice, legal and parliamentary systems. This appointment signifies the trust and confidence placed in me to guide and steer these crucial sectors towards achieving their objectives effectively.
2. Policy formulation and implementation: I am entrusted with the responsibility of formulating and implementing policies that shape the legal and parliamentary landscape. This allows me to influence the direction and development of legal frameworks, ensuring they align with the principles of justice, fairness and the rule of law.
3. Access to justice: One of the primary goals of my appointment is to enhance access to justice for all individuals. I have the opportunity to implement measures that ensure equal access to legal services, promote legal aid initiatives and strengthen the judicial system. This is particularly significant as it contributes to a more equitable society.
4. Institutional reforms: As the Permanent Secretary, I can initiate and oversee institutional reforms within the justice, legal and parliamentary sectors. This involves bringing about changes that improve efficiency, transparency and accountability, as well as fostering a culture of continuous improvement and innovation.
5. Collaboration and stakeholder engagement: My appointment provides a platform to foster collaboration and engagement with various stakeholders, including legal professionals, Government agencies, civil society organisations and the public. By working together, we can collectively address challenges, develop effective solutions and ensure the interests of all stakeholders are represented.
6. Promoting the rule of law: Upholding the rule of law is a fundamental aspect of my role. By enforcing and promoting the rule of law, I can contribute to a just and orderly society where rights are protected, disputes are resolved fairly and institutions function in accordance with established legal frameworks.

Overall, the significance of my appointment lies in the opportunity it presents to make a lasting impact on the justice, legal and parliamentary systems. By exercising effective leadership, implementing strategic policies and fostering collaboration, I seek to contribute to a society where justice prevails, the rule of law is upheld and the rights of individuals are safeguarded.

TR: Which areas of the legal fraternity will you lend urgent attention to as you commence your new duties?

VN : As I commence my new duties, I will direct my urgent attention to several key areas within the legal fraternity. These areas require immediate focus and action to address pressing issues and bring about positive change. Here are the areas that will be at the forefront of my agenda:

1. Access to justice: Ensuring that all individuals, regardless of their socio-economic status, have equal access to justice is of paramount importance. I will work towards enhancing access to legal services, promoting legal aid initiatives and exploring ways to streamline and expedite the judicial process. This includes addressing issues such as case backlog, court congestion and the availability of legal resources.
2. Legal reforms: The legal landscape is ever-evolving and it is crucial to constantly review and update our laws to keep pace with societal changes and emerging challenges. I will prioritise legal reforms, focusing on areas such as human rights, criminal justice, commercial law and family law. These reforms will be aimed at enhancing efficiency, fairness and effectiveness within the legal system.
3. Justice sector administration: Efficient administration is vital for the smooth functioning of the justice sector. I will pay particular attention to the administrative aspects — including court management, technological advancements, capacity-building and professional development for legal professionals. By strengthening the administrative framework, we can enhance the overall effectiveness and efficiency of the justice system.
4. Alternative dispute resolution: Exploring and promoting alternative dispute resolution mechanisms such as mediation and arbitration are crucial to relieve the burden on courts and provide a more accessible and timely resolution of disputes. I will encourage using these mechanisms, develop frameworks and collaborate with stakeholders to establish effective alternative dispute resolution systems.

 

5. Legal education and professional development: Continuous education and professional development are essential for maintaining high standards within the legal fraternity. I will prioritise initiatives to improve legal education, promote ongoing professional training and foster a culture of ethics and professionalism among legal practitioners.
6. Collaboration and stakeholder engagement: Collaboration with stakeholders — including legal practitioners, law society, civil society organisations and Government bodies — is vital for the success of legal reforms and initiatives. I will actively engage and seek input from these stakeholders to ensure a holistic and inclusive approach to addressing legal challenges.

By focusing on these key areas, I seek to initiate meaningful and impactful changes within the legal fraternity.

I am committed to working diligently to improve access to justice, enhance legal reforms, streamline administration, promote alternative dispute resolution, facilitate professional development and foster collaboration.

TR: What role do you envisage your ministry playing towards the attainment of Vision 2030?

VN: The ministry I represent — that of Justice, Legal, and Parliamentary Affairs — has a crucial role to play in the attainment of Vision 2030.

Vision 2030 is a long-term development plan that outlines the aspirations and goals of our nation, aimed at transforming Zimbabwe into an upper middle-income economy by the year 2030.

In this context, the ministry’s role becomes even more significant, as the rule of law, justice and effective legal systems are integral to sustainable development and a thriving society.

Here are some key roles the ministry can play towards the attainment of Vision 2030:

1. Legal and regulatory framework: The ministry is responsible for developing and implementing legal and regulatory frameworks that create a conducive environment for economic growth, investment and business development. This includes enacting laws that protect property rights, promote fair competition and ensure a transparent and predictable legal system.
2. Investor confidence and business facilitation: By strengthening the legal framework, promoting transparency and reducing bureaucracy, the ministry can enhance investor confidence and attract both local and foreign investments. Facilitating business registration, contract enforcement and dispute resolution mechanisms can contribute to a vibrant and competitive business environment.
3. Justice and rule of law: Ensuring access to justice, upholding the rule of law and protecting the rights of individuals and businesses are fundamental to sustainable development. The ministry can work towards improving the efficiency and effectiveness of the justice system, addressing delays, reducing case backlogs and ensuring fair and impartial administration of justice.
4. Legal reforms and policy Implementation: The ministry can actively engage in legal reforms and policy implementation to address emerging challenges, support economic diversification and promote social justice. This may include reforms in areas such as land tenure, intellectual property rights, contract laws and commercial regulations.
5. Parliamentary oversight and legislation: As part of the ministry’s mandate, it has a role in supporting parliamentary oversight and legislative processes. This involves ensuring the enactment of laws that are aligned with national development goals, providing technical expertise to lawmakers and facilitating effective governance through parliamentary procedures.
6. International cooperation and engagement: The ministry can foster international cooperation, engage with regional and international organisations, and participate in legal and justice-related forums. By doing so, it can contribute to the harmonisation of legal frameworks, exchange best practices and build partnerships that enhance the country’s legal standing on the global stage.

In summary, the Ministry of Justice, Legal and Parliamentary Affairs has a pivotal role to play in supporting the attainment of Vision 2030.

Through its efforts to strengthen the legal framework, enhance access to justice, promote investor confidence and contribute to legislative processes, the ministry can help create an enabling environment for sustainable development and the realisation of the nation’s aspirations.

TR: Which specific areas in the legal fraternity do you see as problematic and how do you intend to address this challenge?

VN: I am fully aware of the specific areas within the legal fraternity that present challenges. I am committed to addressing these issues and bringing about positive change.

Here is my plan to tackle the problematic areas:

1. Access to justice: I will prioritise improving access to justice for all Zimbabweans, regardless of their socio-economic background. This will involve working closely with legal aid organisations to expand their reach and ensure adequate funding for their operations. I will also explore innovative solutions such as mobile legal clinics, to bring legal services closer to remote areas.
2. Diversity and inclusion: I recognise the importance of diversity in the legal profession. I will implement policies to promote diversity and inclusion, including setting targets for the representation of underrepresented groups in law firms, Government legal departments and the Judiciary. I will also establish mentorship programmes and scholarships to support aspiring lawyers from marginalised backgrounds.
3. Ethical standards and professional misconduct: Upholding ethical standards is crucial for maintaining public trust in the legal system. I will strengthen the regulatory bodies responsible for monitoring professional conduct and ensure they have the necessary resources to carry out their duties effectively. I will also advocate continuous professional development programmes to enhance ethical awareness among legal professionals.
4. Technological advancements: Embracing technology is essential for the modernisation of the legal fraternity. I will prioritise the digitisation of court processes, including implementation of e-filing systems and online case management platforms. This will help streamline operations, reduce paperwork and improve access to legal resources for both legal professionals and the public.
5. Overburdened court systems: I will work closely with the Judiciary to address the issue of case backlog. This will involve increasing the number of judges and court staff, providing them with the necessary resources and training, and exploring alternative dispute resolution methods to ease the burden on the courts. I will also advocate increased funding for court infrastructure and technology upgrades.

I am committed to working collaboratively with all stakeholders — including legal professionals, regulatory bodies and civil society organisations — to address these challenges.

By implementing these strategies, we can create a more efficient, inclusive and accessible legal fraternity in Zimbabwe.

TR: How are you going to enhance the participation of women in the legal fraternity?

VN: One promising course of action involves implementing policies aimed at promoting gender inclusivity within the legal profession.

Additionally, providing mentoring opportunities and encouraging a work environment that advocates and supports women can significantly bolster their representation in this field.

Encouraging law firms to embrace diversity and drive cultural change may also significantly contribute to more equitable representation.

It is fundamentally essential to communicate the importance of women’s participation in the legal fraternity to enable a more comprehensive and empathetic legal system.

TR: Any last words?

VN: Finally, it is essential to remember that achieving progress and transformation within our legal system is a collective effort.

As I embark on this journey in my new role, I look forward to facilitating positive changes, fostering open conversations and cultivating an environment that values every individual’s contribution.

Let us work together for a more equitable, impartial justice system and strive to attain the noble objectives of Vision 2030.

X: @tdrusike