adminNgoni Dapira Post Correspondent
HIGH Court judge Mr Justice Charles Hungwe has called on all stakeholders in the legal fraternity to ensure that the integrity of the law is upheld.Officially opening the legal year during a High Court session at Mutare Magistrate’s Courts on Monday, Justice Hungwe, said judiciary should strive to serve the ends of justice at all times.
“Even if one does not encounter the courts or judges in the course of one’s normal life, the law and the decision of the courts can actually affect one’s life, sometimes in a profound way.
“It is critically important for the community that the courts should be able effectively to resolve disputes,” he said.
Justice Hungwe added that adherence to constitutionalism in a society was higher where the community is aware of the content of the rights and duties sent out in the governing Constitution at any given time.
He applauded Government on the current initiative to have the new Constitution printed in various ethnic languages.
“I am aware that the core-activity of the courts is to administer justice in accordance with the law. The question is often asked whether the courts take into account the public interest when deciding cases, particularly those which involve public law or constitutional principles.
“Of course they do, but this does not mean that in the determination of cases, the courts will look to what sectors of the public or the majority of the public or even what the Government may desire as the outcome in any given case.
That is not what is meant by public interest. The public interest that is served by the courts is in adherence to fundamental concepts of fairness, dignity and justice in the application of the law. I refer to these fundamental concepts because the courts are mandated to apply not just the content of the law, but, sometimes more importantly its spirit. But it is always the law and its spirit that dominate. No-one, no institution is above the law,” said Justice Hungwe.
He added that it was everyone’s responsibility to ensure that the country’s constitutional democracy takes root.
“In my respectful view, this can only happen if we continue with a national discourse on the one thing that, moreso now than ever before, is of critical importance to us all and is the essential underpinning of a free, just and stable society, that is the due administration of justice.
“We should actively encourage each other and indeed remind each other on the integrity of the law. We need to assure the community that, as the judiciary, we will strive to serve the ends of justice at all time,” said Justice Hungwe.
The event which always starts with an attention-grabbing parade on the street outside the court was well attended by senior government officials, service chiefs, heads of various government departments, legal practitioners, heads of Non-Governmental Organisations and other stakeholders.
Online Reporter