The Chief Justice’s remarks come hot on the heels of
unsubstantiated claims by some members of society, including the opposition,
alleging that some court decisions not ruled in their favour, were a directive
from the Government.
Speaking during the JSC judges symposium in Gweru, CJ
Malaba said judges are apolitical and independent and as such their judgments
are based on the tenets of the law.
He said the Judiciary is an independent arm of the State
whose decisions are not influenced by any political interests.
“Politics is for politicians and judges know no slogans. In
any case, I don’t think judges know what a slogan is. We are totally
apolitical, we don’t think politically but legally and to us the law is the
master. Politics is for politicians no matter who they are.
“I want to emphasize this because there is a mistake, a
terrible mistake to think that judges must decide in a particular manner which
is ridiculous,” he said.
CJ Malaba said judicial decisions are based on facts and
the rule of law. He implored the generality of citizens to have confidence in
the country’s judiciary system.
“In a constitutional democracy where the rule of law is a
foundational value, you cannot speak of the rule of law without judges. You
must have confidence in the judges, you put them there because you have
confidence in them.
‘‘They qualify to be called judges because they are
impartial,”he said.
Section 164 of the Constitution of Zimbabwe specifically
entrenches judicial independence and states that courts must apply the law and
Constitution
“impartially, expeditiously and without fear, favour or
prejudice.
“So, I don’t believe and I don’t accept a situation where
some people want to make it fashionable to criticise judges for the decisions
they make. It just doesn’t make sense. You can’t do that and still want to be
in a democracy. You can’t be a person who still wants to be in a democracy and
still undermine the rule of law,” said CJ Malaba.
He said there should not be any interference in terms of
how the judiciary system operates.
“I am standing here to say clearly you are fully protected
in your decisions, make your decisions, whatever decisions that come out and if
they are legal, make them. There are channels to take when one is aggrieved,”
he said.
CJ Malaba said the symposium is important for the judges to
introspect as individuals in line with the dictates of the Constitution.
He said there is a need to emphasise on competence in terms
section 165 (7) of the Constitution.
“Section 165 (7) of the Constitution is critical for us
because it simply says you as a judge, a judicial officer, must take personal
responsibility to ensure you are professionally up to date.
“The judge must take responsibility, personal
responsibility and not institutional responsibility to make sure that he or she
has the requisite skill to perform at the highest level,” he said.
CJ Malaba said the level is clearly defined by the law.
“The standards of performance are defined by law and they
are efficiencies and effectiveness of performance, expeditious performance,
decisions that must come as quickly as reasonably possible,” he said.
CJ Malaba said judges must try to meet the standards set by
the law and act accordingly.
“If we don’t do what the law wants us to do, we are in
breach of the law, and God forbid that judges should do that. We are the first
port of call, custodians of the law and we must know the law better than anyone
else,” he said.
“We are the experts of the law and that is why we are the
embodiment, the custodians of justice. The word ‘justice’ is just thrown around
several times, but how can we have justice without judges?”
CJ Malaba said he has confidence in the judges and the
manner in which they perform their duties.
“I have all the confidence in the men and women I have. We
are all equal, we answer to the same standards, same aspirations, we answer to
the demands of the Constitution because we are judges.”
CJ Malaba said JSC should thrive to meet world class
justice. He challenged judges to expeditiously deliver judgments.
As judges we should deliver judgments within six months
because your job is to deliver. Your job is to dispose of disputes, to solve
disputes and don’t postpone disputes because people don’t come to court for disputes
to be postponed but to be resolved,” he said.
The JSC boss said pre-trial conferences must be speeded up
by the judges so that the matters are resolved on time.
“The law says your case must be finished and on time. The
law says finish the matter, and judicial power is with the judge. We are there
as JSC to put in place measures that will make your job easier,” he said.
“My job as chairperson of JSC is to ensure that there are
measures that guarantee efficiency like giving you gadgets such as laptops. Use
them because in those gadgets, there are systems that we put in place to make
your job easy.”
Early this year, JSC launched the second phase of the
Integrated Electronic Case Management System (IECMS).
The IECMS system is a web-based Case Management System that
automates and tracks all aspects of a case life cycle, from initial filing
through disposition and appeal.
The system allows for information sharing between systems
from all stakeholders in the judiciary.
So far, the Constitutional court, the Supreme Court as well
as the commercial division of the High Court, including the Labour Court and
the Administrative Court have gone paperless.
“IECMS has come and therefore you need to stop this
business of using papers. Other divisions are coming in very soon, we have gone
through the Labour Court and the Administrative Court and I am saying as the
Chief Justice, I don’t want to hear the Labour Court talking about papers, that
must stop,” said CJ Malaba.
“We have to stop that exercise, no papers, we have provided
everything and the technical people. IECMS is there to increase efficiency of
the court, remove paper work.”
In the future, the system will integrate with systems from
organisations such as the Zimbabwe Republic Police, Zimbabwe Prisons and
Correctional Services, Law Society of Zimbabwe, Attorney General’s Office,
National Prosecuting Authority, Legal Aid Directorate and Zimbabwe
Anti-Corruption Court. Herald
0 comments:
Post a Comment