Zimpapers Logo

which has 142 cases; Mwenezi 129, Chiredzi 120, Chivi 34, Triangle 13, Gutu 10, Chatsworth six and Mashava three. All have not been completed.
Officially opening the 2012 legal year for the Masvingo High Court Circuit yesterday, Justice Karwi bemoaned the growing number of untried murder cases in the province. “The huge backlog on unresolved murder cases in the province is a source of serious concern to us. A very dim picture of this backlog is painted if one analyses it,” said Justice Karwi.
The High Court judge said some of the cases were committed more than 10 years ago.
“Out of the 856 cases, there are 24 cases which were committed in the year 2000, 19 in 2001, 21 in 2002, 27 in 2003, 21 in 2004, 20 in 2005 and so forth,” said Justice Karwi.
“There are more than 60 murder cases pending which are more than 10 years old. The problem that is inherent in such old cases is that witnesses may either lose interest in giving evidence or if they give evidence they may forget what transpired.”
Justice Karwi said in some partly heard cases it may happen that court personnel may die with the long passage of time necessitating fresh trials.
The High Court judge said there were 116 rape cases pending in the province. Out of these are 41 such cases pending in Chiredzi alone, a situation, which portrays the district as the most violent in Masvingo province.
“Chiredzi seems to be the most violent province if one goes by the murder and rape cases committed in the district. The worrying trend, clearly followed by Zaka, suggests that some people in those districts have little if no respect for human life and are not hesitant in sexually molesting people of the fairer sex,” said Justice Karwi.
He cited manpower shortage as the main reason behind the backlog of cases in the province.
“I am informed that one of the reasons for the backlog is the shortage at both the magistracy and prosecution levels. As a result of the shortages, the province is operating Bikita, Zaka and Mwenezi as circuit courts. This has inhibited trials mostly in the regional court. It is my hope that the Judicial Service Commission will look into these issues and provide lasting solutions,” said Justice Karwi.
He urged the JSC to consider decentralising the regional court to resolve the problem of the backlog.
“The problem of the backlog can be resolved, in my considered view by adopting a deliberate policy to decentralise both the High Court and regional courts to start with. The regional court should be decentralised to places like Zaka, Chiredzi, Mwenezi and Gutu, to name a few,” said Justice Karwi.
He said the regional court circuits should be set on permanent basis with resident regional magistrates serving those centres.
Justice Karwi said the High Court should be decentralised to the provincial capital of Masvingo where a resident judge will serve the province.