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Judge president George Mtandwa Chiweshe inspects a quarter guard on his arrival for the official opening of the 2014 Legal Year at the Bulawayo High Court yesterday

Leonard Ncube Court Reporter
THE High Court is overwhelmed with cases, some of them petty, as clients prefer the upper court citing corruption and poor registry practices among other issues at the magistrates’ court, Judge President Justice George Mtandwa Chiweshe said yesterday. Officially opening the 2014 Legal Year at the Bulawayo High Court, Justice Chiweshe said there was a need to decentralise the High Court by upgrading circuit courts into permanent High Court centres to reduce the increasing workload.

As a result of the workload, he said, a majority of cases, whether trials or appeals, were still outstanding.
“The ever increasing workload in the High Court is a cause for concern. The bulk of the work that we receive relates to civil matters,” said the judge president.

“Legal practitioners and litigants shun the Magistrates’ Courts preferring to file all manner of cases with the High Court thereby flooding it with petty cases. This does not augur well for the efficient administration of justice.”

He added: “Some of the reasons proffered by legal practitioners include corruption, poor registry practices, inexperienced judicial officers, poor infrastructure and inadequate support services (in the lower courts).”

Justice Chiweshe also cited lack of funding and training for staff as major impediments in delivering fair and swift justice.
“Conditions are ripe for the creation of further stations of the High Court. Our current circuit court centres should now be upgraded to the level of permanent High Court stations. These are Gweru, Hwange, Masvingo, Mutare and Gwanda,” he said.

Justice Chiweshe said there was a growing number of criminal cases at these centres hence they qualify to be upgraded.
“Decentralisation of the High Court in this manner, although still a proposal, will have a positive impact on the administration of justice and bring the High Court closer to the generality of the people,” he said.

The judge president said while decentralisation was being looked into, there was a need for increasing frequency of circuit court sittings.
The High Court in Bulawayo covers the whole of the Matabeleland region, Midlands and Masvingo provinces.

Justice Chiweshe said 2013 was a momentous year for the judiciary following the adoption of the new Constitution, which resulted in a new stand alone Constitutional Court.

He said the July 31 elections had contributed to the burden of the High Court as the judges had to contend with 151 election petitions filed with the Electoral Court.

The High Court now has 30 judges, he added. Bulawayo has five judges namely Justices Nokuthula Moyo, the only female, Lawrence Kamocha, Andrew Mutema, Martin Makonese and Maxwell Takuva who was recently transferred from Harare. They accompanied Judge President Chiweshe yesterday.

Justice Chiweshe said the Bulawayo High Court last year operated with three judges thereby reducing clearance rate of cases compared to 2012.

On the civil matters, a total of 473 divorce summons were issued last year compared to 425 in 2012, representing an increase of 48 cases.
The judge president commended circuit courts for performing better than the main station, saying in Hwange 38 cases were completed, four await judgment and six removed from the roll out of 48 that were set down.

In Gweru 20 were finalised while 17 were removed from the roll and eight postponed.
Also in attendance were Justice Evangelista Kabasa who is joining the Bulawayo bench, retired judges Justices Meshack Cheda, Nicholas Ndou, Sabelo Sibanda, retired Labour Court president Selo Nare, Labour Court president Mercy Moya-Matshanga, magistrates and staff from the provincial, regional magistrates’ and Labour courts.

The Senior Minister of State Cde Simon Khaya Moyo, Minister of State for Bulawayo Cde Eunice Nomthandazo Moyo, Officer Commanding Police in Bulawayo Senior Assistant Commissioner Stephen Mutamba and other service chiefs, members of the legal fraternity and academics also attended.

The proceedings started with the judge president inspecting a quarter guard outside the High Court building.