Zimpapers Logo

Justice Luke Malaba

Auxilia Katongomara, Chronicle Reporter
DEPUTY Chief Justice Luke Malaba has paid tribute to outgoing Chief Justice Godfrey Chidyausiku describing him as a legal luminary who transformed the country’s judiciary system over the years.

Speaking at the official opening of the 2016 legal year in Bulawayo on Monday, DCJ Malaba said Justice Chidyausiku’s contribution to the judiciary was  self-evident.

“Turning to 2017, we stand on the cusp of the Chief Justice’s retirement on 1 March 2017. I am aware that the appropriate time will come to pay full tribute to the Chief Justice upon his retirement.

It would, however, be remiss of me not to celebrate the professional life of a great man and indeed a legal luminary, a man whose contribution to the development of the country and the judiciary is open for everyone to see,” he said.

DCJ Malaba said under the able-leadership of Chief Justice Chidyausiku, Zimbabwe’s judiciary system has become a force to reckon with.

“The judiciary of Zimbabwe transformed significantly and has become a force to reckon with under his stewardship. We are grateful for the legacy he will leave us. It is a legacy of a judiciary founded on the values of independence, accountability, integrity and respect for the rule of law. I thank him for the selfless dedication to duty and to his country,” said DCJ Malaba.

He emphasised the need for access to justice saying it was the hallmark of any civilised and democratic society.

“Justice cannot be complete unless there is proper access to it. In the broader and perhaps more acceptable sense, access to justice means being treated fairly according to the law. Should you be treated unfairly, you should be able to get the appropriate redress,” he said.

“It means availing to the ordinary citizenry the platform to actively participate in every institution where law is debated, created, organised, administered, interpreted and applied.”

DCJ Malaba said judiciary systems that are inaccessible, unaffordable, slow and whose procedures are incomprehensible to the people who are expected to benefit from them, effectively deny citizens access to justice.

He said the world’s best judicial systems are anchored on accessibility, accountability, efficiency, transparency, independence and professionalism.

DCJ Malaba said courts should assure the people of the protection and enforcement of their rights and liberties in a just fair, non-partisan and impartial manner.

“A corrupt judiciary cannot claim to be independent and impartial. A corrupt judiciary is a hindrance to an effective justice delivery system and ultimately access to justice,” he said.

The judiciary must always be conscious of the fact that its role is paramount in safeguarding human rights and freedoms and the rule of law.

DCJ Malaba said two judges, Justices Vernandah Ziyambi and November Mtshiya retired last year.