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Justice Makonese said this yesterday when officially opening the Gweru High Court Circuit.
“As the country steadily and slowly moves towards harmonised elections expected to be held this year, it is hoped that the holding of successful elections shall usher a new era of peace, national unity and stability based on the establishment of firm democratic institutions. The judiciary stands ready to ensure that elections are held under a peaceful atmosphere and any persons seeking to resort to any form of violence should not expect to be treated with kid gloves by our courts,” he said.
Justice Makonese said the stabilisation of the political and socio-economic conditions in the country would help in the economy’s growth.
He said the difficult economic environment has led to an upsurge of applications being filed for Judicial Management and Provisional Liquidation.
“During 2012, a total of 13 applications for Judicial Management and Provisional Liquidation were filed at the Bulawayo High Court. This situation can only be resolved by the stabilisation of the political and socio-economic conditions in the country,” he said.
Justice Makonese said the judiciary should remain relevant to its stakeholders and to the public, who appear before the courts.
He said the public should remain confident that the justice delivery system is efficient, effective and capable of responding to the needs of the society it served.
Justice Makonese said the appointment of four more High Court judges last December would help improve the justice delivery system through reducing the backlog of cases.
The High Court judge also condemned all forms of domestic violence, including physical and emotional abuse, sexual, verbal and economic abuse.
He urged police officers and the courts to be fair when executing their duties.
“Members of the ZRP should treat victims with care and compassion and should not subvert justice by showing favour to the offenders through the acceptance of bribes or some other unworthy and dishonourable practices.
“For their part, the courts should endeavour to impose appropriate sentences that fit both the offence and the offender. In several review cases that come before the High Court, there are worrying sentences, which are glaringly lenient and inappropriate. The public will tend to lose confidence in our court system where inappropriate sentences are imposed for serious cases such as domestic violence,” said Justice Makonese.
Justice Makonese also urged members of the legal fraternity, especially legal practitioners, to perform their duties diligently and professionally.
He said his call was prompted by too many instances of legal practitioners who were abusing the court processes by filing “Urgent” applications in situations where there is ‘no urgency’.
“This practice amounts to an abuse of court process and only leads to the accumulation of a backlog, as judges have to read piles and piles of documents and sometimes have to write reasoned judgments on the matters. Legal practitioners must be responsible and give proper, correct and sound advice to their clients at all times,” said Justice Makonese.
The Bulawayo High Court judge expressed concern at the upsurge in cases of rape despite the imposition of stiff sentences against the offenders by the courts.
He challenged scientists to carry out scientific research and establish the real cause of this social-ill as the rape of young girls by mature adult males was prevalent.
The Gweru High Court Circuit will this quarter hear 20 murder cases. Among the cases that have been set down for hearing is that of Starboy Masave of Gokwe North, who stabbed a fellow villager in the rib cage with a knife resulting in his death. Lucial Moyo, of Zvishavane, will also appear before the same court for murder as well as siblings Dumiso and Noel Tshababa, of Kwekwe, who allegedly killed a man using a log.
The High Court Circuit immediately got down to business after the reception held for the invited guests.
Online Reporter