admin
Daniel Nemukuyu
Investigations Editor
ZIMBABWE’S independence in 1980 brought about a remarkable transformation of a male and white colonial judiciary into a respected, independent and gender-balanced bench that serve the interests of the majority.
Since independence, the country’s judicial system has scored major successes in its quest to enhance access to justice for all and promoting rule of law.
The late former Chief Justice of Zimbabwe Justice Enoch Dumbutshena was widely credited for transforming the court system and considering more blacks for judicial appointments in the early 1980s.
Justice Dumbutshena was the first black judge to be appointed in 1980 before rising through the ranks to become Chief Justice in 1984.
More African judges were also appointed, with Justice Mavis Gibson (nee Gumede), a Zimbabwean lawyer, being the first indigenous woman to sit on the High Court bench.
The judiciary used to be male-dominated with a few women judges and magistrates in the 1980s but Zimbabwe now boasts of more women magistrates than men. Of the 237 magistrates in post, 140 are women while 97 are men.
Such a shift has placed Zimbabwe among the top upholders of the rule of law and gender balance.
Women in the judiciary started holding senior positions with Justice Vernanda Ziyambi being the first to be appointed judge of appeal at the Supreme Court in 2001.
Justice Rita Makarau was the first woman to be appointed Judge President of the High Court in 2006. Justice Elizabeth Gwaunza took over as Deputy Chief Justice of Zimbabwe in 2017 when the present Chief Justice Luke Malaba was elevated to be the head of the judiciary.
Justices Gwaunza, Makarau, Anne-Marie Gowora, Antonia Guvava, and Susan Mavangira were among the pioneer judges of the Constitutional Court of Zimbabwe after promulgation of 2013 Constitution.
In a milestone development that promotes judicial independence, Zimbabwe set up an independent Judicial Service Commission (JSC) which included magistrates in the same judicial group as judges had been in, and they ceased to be civil servants.
JSC became the new employer of the judges and magistrates in fulfilment of the constitutional obligation to maintain an independent and respected judiciary that is not influenced by any forces. The commission’s secretariat embarked on a number of projects that saw the growth of the judicial system and improved access to justice by all people. At independence, Zimbabwe had about one permanent court station per province but now there are 56 court stations spread across the country.
Almost every district now has a permanent court station, with two others at Inyathi and Chimanimani the latest to get a resident magistrate.
Justice has become more affordable in the independent Zimbabwe as people no longer have to travel for hundreds of kilometres for court sessions.
Another project by JSC saw the decentralisation of the High Court with a view to make justice affordable and accessible to the masses. Judges used to sit in Harare and Bulawayo but only went on circuit for criminal cases.
In 2016, President Mnangagwa (then Vice President responsible for Justice and Legal Affairs) officially opened the country’s third permanent High Court station in Masvingo, some 122 years after the opening of the Bulawayo High Court. Two years later, Vice President Constantino Chiwenga officially opened the fourth High Court station in Mutare, bringing the top level of civil justice to the Manicaland people’s doorstep.
Gone are the days when litigants used to travel almost 500 km from Chipinge to Harare for High Court cases.
They can now file their papers and attend hearings in Mutare.
The High Court also set up circuit courts in Hwange and Gweru to cut travelling costs for litigants.
The manual court records system is now becoming irrelevant after the introduction of the computerised case management system whereby all files are captured electronically and accessed through click of a button.
Although the system is not yet fully-fledged, JSC is already using it at the High Court, Supreme Court and Constitutional Courts.
The introduction of specialised courts like the Commercial Court, a division of the High Court, is also a positive post-independence achievement meant to improve the ease of doing business and attract investors into the country.
Such a specialised court ensures quality and speedy resolution of commercial disputes with a view to make Zimbabwe a safe investment destination. Commercial Courts are also now operating at magistrates’ level in all the country’s provinces.
Another specialised court, the Special Anti-Corruption Court, was launched at all provincial court stations in 2018 in line with Government’s thrust to nip corruption in the bud.
JSC, in partnership with DANIDA, constructed 26 courthouses countrywide and the project brought justice to the masses.
Plan International also partnered JSC in the construction of four more court stations, leaving the total number of new courthouses at 30.
The state-of-the art courthouses have disability ramps to ensure people with disabilities can access the courts without challenge in line with the constitution. Some have witnesses’ quarters where witness can rest while waiting to be called in court. Mothers can also breastfeed their babies from the witnesses’ shades.
At independence, judges of the upper courts used to come largely from the upper ranks of advocates, then a very close club. But the independent Zimbabwe introduced public interviews for all judges.
The new system is in sync with the international standards that enhance transparency and afford the best candidates a chance to be appointed judges. Public interviews allow people to participate in the selection of judges.
People get an opportunity to nominate candidates and to view and assess the performance of each candidate.
The interview proceedings are normally shown live on national television and people can view the process in the comfort of their homes.
The establishment of a Constitutional Court in terms of the 2013 saw an increase in the number of constitutional challenges being filed. In the past, the Supreme Court used to deal with both the constitutional matters and appeals but since 2013, the courts started sitting differently but using the same judges.
In fulfilment of the Constitution, the Supreme Court and the Constitutional Court administratively and operationally split with the Supreme Court judges moving to its old building along Kwame Nkrumah Avenue in Harare while Constitutional Court judges remained at Mashonganyika Building along Samora Machel Avenue.
Online Reporter