shloboe boe
Nqobile Tshili, nqobile.tshili@chronicle.co.zw
CHIEF Justice Luke Malaba has said there is an urgent need to provide legal aid to individuals facing serious criminal charges, urging the Government to fully capacitate the Legal Aid Directorate to fulfil its constitutional mandate.
Speaking at the opening of the 2025 legal year on Monday, Chief Justice Malaba highlighted that access to legal aid is a constitutional right and a critical component of justice delivery.
“The provision of legal aid in the administration of justice is another key area in which a multi-stakeholder approach to justice delivery is urgently required. For the generality of the public to effectively access justice in their various disputes, legal assistance is essential,” he said.
Citing Section 31 of the Constitution, Chief Justice Malaba noted that the State is obligated to provide legal representation in both civil and criminal cases to individuals who require it but cannot afford private legal practitioners.
The Legal Aid Directorate, established under the Legal Aid Act (Chapter 7:16), is responsible for administering legal aid in Zimbabwe. However, Chief Justice Malaba lamented that the directorate has not been able to perform its functions effectively due to limited resources.
“Regrettably, the Legal Aid Directorate has not been able to perform its functions as laid out in the law.
Consequently, a gap has been created where persons in need of legal aid, especially those facing serious criminal charges, have not been able to access such aid,” he said.
To address this gap, the registrar of the High Court and the Law Society of Zimbabwe have stepped in through the pro-deo system. Under this system, accused persons facing trial in the High Court who cannot afford legal representation are assigned lawyers by the registrar.
While the Judiciary Service Commission and the Law Society of Zimbabwe have played a crucial role in bridging the gap, Chief Justice Malaba stressed that these ad hoc measures are not a sustainable solution.
“The law has made it clear that the Legal Aid Directorate is the primary stakeholder responsible for administering legal aid in the country. It is imperative that the directorate assumes this role in compliance with the law,” he said.
Chief Justice Malaba said the directorate must be urgently provided with the financial, technical, and human resources it needs to effectively discharge its mandate.
“It is important that the directorate is urgently provided with all the necessary financial and technical support as well as the human resources, which it requires to effectively discharge its mandate and make a meaningful contribution in the promotion of equal treatment for all under the justice delivery system,” he said.
Chief Justice Malaba acknowledged efforts by the Ministry of Justice, Legal, and Parliamentary Affairs to empower the Legal Aid Directorate, expressing optimism that these initiatives would enhance access to justice for all.
In a related development, Chief Justice Malaba commended the United Nations Children’s Fund (Unicef) for its partnership with the judiciary in strengthening victim-friendly court systems.
“The Unicef has partnered with the judiciary to bring about an efficient and effective victim-friendly court system in all courts and communities. The partnership has prosecutors and police officers, the provision of equipment in all the victim-friendly courts, and the provision of witnesses’ expenses and refreshments during their attendance at court,” he said.
The Chief Justice noted that the victim-friendly court system now has committees at national, provincial and district levels, chaired by the Chief Magistrate.
“The victim-friendly court initiatives still stand out as part of the judiciary’s and other stakeholders’ collaboration success stories,” he said.
Chief Justice Malaba expressed gratitude to Unicef for its continued support, describing the relationship as “priceless.”
“I must at this juncture commend Unicef for its continued participation in the victim friendly court system and further assure that it remains an important and integral stakeholder in the justice delivery system,” he said. — @nqotshili
