New Vic Falls court brings justice nearer home Chief Justice Chidyausiku inspecting a quarter guard during the opening of a new modern courthouse in Victoria Falls recently
Chief Justice Chidyausiku inspecting a quarter guard during the opening of a new modern courthouse in Victoria Falls recently

Chief Justice Chidyausiku inspecting a quarter guard during the opening of a new modern courthouse in Victoria Falls recently

By Leonard Ncube
THE Justice delivery system in Victoria Falls has received a boost following the opening of a new modern courthouse in the resort town. Already, residents of the resort town and those from surrounding areas are excited by the prospects of accessing free legal advice from the help desk.

The rich have enjoyed the privilege of engaging lawyers for advice and representation for many years while the poor usually suffer the consequences of ‘ignorance’ as they are less informed of court and legal proceedings.

Two recent cases where money was used to delay justice that come into mind are that of South African Olympic blade runner Oscar Pistorius who was only jailed for six years recently after a retrial in a drawn-out case that had transfixed the international community for more than three years.

Locally, services of a private prosecutor had to be engaged to deal with the rape case of former Bikita West legislator Munyaradzi Kereke after Prosecutor-General Johannes Tomana had refused to prosecute, saying there was no evidence linking the legislator to the offence.

After a protracted trial, Kereke was eventually sentenced to 10 years in jail for raping his 11-year-old niece six years ago. It is such examples that clearly show how those with money try to “get away with murder” after committing crime.

The Victoria Falls new model courthouse, funded by the Royal Danish Embassy in conjunction with the Judicial Services Commission and Ministry of Local Government, Public Works and National Housing, was built with the poor in mind.

There are 22 such courthouses that have been built countrywide as the JSC decentralises the justice delivery to all parts of the country including remote areas.

The courthouse is user-friendly to the less privileged as it is furnished with a waiting shed for witnesses, a help desk where the public will access legal advice free of charge, Victim Friendly facility, public toilets and a wheelchair ramp.

It is well equipped and furnished to efficiently enhance access to justice for Zimbabweans regardless of class and status.

Officially opening the Victoria Falls magistrates’ court where scores of people from across the social, political, academic, religious and cultural divide attended, Chief Justice Godfrey Chidyausiku said every person in society is an important stakeholder to the JSC.

“We have made it a standard feature at all our new courthouses that we are constructing to have a shed for the witnesses because without them, most trials can’t proceed,” he said.

The Chief Justice said the most important development is the inclusion of a help desk office.

“The old court building wasn’t user friendly to clients who would want to be assisted in private yet law officers, JSC staff and magistrates shared offices.

“To us everyone is an important stakeholder and we are also providing accommodation for the help desk where legal aid providers can set up and give permissible legal advice to litigants and court users.

“The JSC is having conversations with legal aid providers to come up with a viable system where they can provide essential legal advice to people because not all litigants are familiar with court procedures and language,” said the Chief Justice.

Mrs Signe Winding Albjerg from the Royal Danish Embassy office in Harare said the inclusion of victim friendly facilities was in line with ensuring access to justice for Zimbabweans.

She said all the 22 courthouses bear the green and yellow colours of JSC so citizens will be able to readily identify them.

“Another key aspect of the design is the Victim Friendly System and services for victims of violence especially minors. There is a one way mirror where those in the courtroom can’t see the victim in a separate room and events are captured on CCTV.

“Besides the help desk where citizens will be able to access free legal advice and assistance, a library has also been furnished with reading material to provide legal information to citizens with the aim of raising the quality of justice,” said Mrs Albjerg.

Legal aid service providers and other organisations that offer help to sexual and domestic violence victims will now be housed and operate from the help desk at the courthouse.

Before this development, victims were being referred to either Bulawayo or Hwange to access legal aid services. A majority, however, would fail to go owing to financial challenges.

JSC secretary Justice Rita Makarau said a court can only be a court with witnesses.

“They come voluntarily and that’s why we have built a shed to ensure their safety and welfare,” she said.

The Minister of State for Matabeleland North province, Cain Mathema, said lack of access to justice strains families, socially and economically.

“We as Matabeleland North province are happy to have another court being opened which shows the Government’s commitment towards decentralisation of justice delivery to remote areas.

“People have been walking long distances to access legal services and this has resulted in families breaking up because some would be forced to sleep over. With a courthouse like this nearby, this will even reduce costs for our people.

“To us justice delivery includes having such facilities closer to us so that we are protected against corrupt people, rapists and those who drink and drive,” said Minister Mathema.

The Victoria Falls magistrates’ court, with two magistrates namely Ms Lindiwe Maphosa (resident magistrate) assisted by Ms Rangarirai Gakanje, services the resort town and the whole of Hwange West which includes areas such as Monde, Chisuma, Ndlovu, Jambezi, Matetsi and Kazungula.

Chief Shana from Jambezi said the community will benefit from having a courthouse that brings justice to its doorstep.

However, many people view a court negatively as they think it is only a place for sending people to jail. Such individuals only visit the court as witnesses or complainants or when they are summoned for trial.

The courts offer many services, however.

Courts work in two formats-one is a relationship between the State and individual where one is criminally charged or is a complainant and the second one is between individuals who drag each other to the civil court to seek recourse.

Besides trying criminal cases, courts conduct marriages, counselling, Victim Friendly, domestic violence advice, maintenance, custody, inheritance and deceased estate services.

Hwange court’s Magistrate in-charge, Mrs Rose Dube, said although magistrates aren’t directly trained counsellors, “they take time to listen to domestic and social conflicts and give guidance to victims.”

Families should approach courts when dealing with deceased estates so as to avoid disputes as the courts assist in choosing an executor, she said.

There is also a Small Claims court, which is an informal court where those owed money below $1, 000 drag the debtors to court and the magistrate listens and gives direction.

With all this in mind, a court should be seen as a place of refuge for the injured and a place of justice even for the aggressor as no one is harassed or discriminated in court.

An old joke urging locals to ensure they are dragged to court first and fast ahead of people from outside is doing the rounds in Victoria Falls, showing the excitement pervading the resort town.

 

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