Online Reporter
Herald Reporters
CHIEF Justice Luke Malaba has called for enhanced collaboration among stakeholders in the justice delivery system, emphasising that the judiciary alone cannot build public confidence without the support of the entire criminal justice value chain.
Speaking at the historic official opening of the 2025 legal year in Bulawayo yesterday, Chief Justice Malaba highlighted the establishment of the National Council on Administration of the Criminal Justice System as a critical step towards expediting criminal trials and fostering co-operation.
For the first time, the opening ceremony was held outside Harare, marking a significant shift in the judiciary’s approach to inclusivity and decentralisation. This aligns with the Government’s National Development Strategy 1 (NDS1) and the Second Republic’s commitment to devolution.
The event, held under the theme: “Building Public Confidence in the Judiciary through Multi-Stakeholder Participation,” began with the inspection of the quarter guard, followed by Chief Justice Malaba addressing members of the bench, service chiefs, and other key stakeholders.
Chief Justice Malaba said an effective justice system requires the seamless co-operation of various stakeholders, including the police, prosecutors, witnesses, and correctional services.
“While the judiciary plays a central role in the administration of justice, it must be acknowledged that there are various other stakeholders who play critical roles in the proper functioning of the justice delivery system,” he said.
“A breakdown in any part of this chain, whether it’s a failure to arrest suspects, lapses in prosecution, or the absence of witnesses, can derail the entire process and erode public confidence in the judiciary.”
The newly established council, chaired by Judge President Justice Mary Zimba-Dube and including Prosecutor-General Justice Loice Matanda-Moyo, aims to address these gaps by expediting criminal trials in both magistrates’ and high courts.
Chief Justice Malaba also called for the revitalisation of community service and pre-trial diversion committees, emphasising their importance in reducing case backlogs and improving access to justice.
The Chief Justice reaffirmed the judiciary’s commitment to accountability, noting that the performance of courts and judicial officers is closely monitored through the JSC performance management system.
“Achieving this goal requires a shared commitment to fulfilling our constitutional obligations that underpin the administration of justice. The active participation and collaboration of the judiciary and its stakeholders is essential, as without this collective effort, fostering public trust in the judiciary will remain unattainable,” he said.
“The judiciary must remain exemplary, not only in its professional duties but also in the personal conduct of its officers. Judicial misconduct, if left unchecked, can undermine the public trust that is foundational to our justice system.”
Deputy Chief Justice Elizabeth Gwaunza delivers her remarks at the opening of the 2025 Legal Year in Harare yesterday. – Picture: Kudakwashe Hunda
Chief Justice Malaba said public confidence in the judiciary hinges on its efficiency, impartiality, and adherence to constitutional principles.
“This means that the judiciary’s overall performance is subject to the evaluation of the people of Zimbabwe. As a judiciary, we acknowledge that we cannot build public confidence and trust in isolation.
“Achieving the delivery of quality justice is possible only through collaboration and partnership with all stakeholders within the justice sector,” said Chief Justice Malaba.
He said the conduct and manner in which each public institution carries out its mandate directly influences the level of confidence in the public sphere.
“The principle of public confidence is, therefore, a broad constitutional principle that governs the actions and conduct of all public officials, including judges, magistrates, and other individuals presiding over courts established under Zimbabwean law,” said Chief Justice Malaba.
“The public confidence in the judiciary is reflected in the public’s belief in the efficiency, fairness, and impartiality of the courts, in adherence to the rule of law, and in the protection of human rights and freedoms.”
The Chief Justice said the JSC will continue to implement policies and measures that safeguard judicial independence in decision-making while ensuring accountability to the public for its rulings.
He said the measures include the rigorous monitoring of court and judicial officer performance through the JSC’s performance management system.
Chief Justice Malaba said while it is impossible to entirely prevent misconduct, given human fallibility, the JSC has established mechanisms to ensure that its errant members are held to account.
He said judiciary officers must be exemplary in both their professional and private lives.
“It is for that reason that the commission has taken a firm stance against corruption and judicial misconduct. If it is not nipped in the bud, judicial misconduct has the potential to undermine the very fabric upon which the public trust that exists between the judiciary and the citizens is created,” said Chief Justice Malaba.
He expressed satisfaction with the judiciary’s integrity, noting that no misconduct charges were brought against judges in the previous year.
Chief Justice Malaba concluded by reiterating the judiciary’s dedication to safeguarding judicial independence while fostering partnerships to deliver quality justice.
“The active participation and collaboration of all stakeholders in the justice sector are indispensable for building public trust and ensuring the effective delivery of justice,” he said.
Officially opening the 2025 legal year in Harare, Deputy Chief Justice Elizabeth Gwaunza said the judiciary’s zero-tolerance approach to corruption is not merely a policy—it is a moral imperative and a cornerstone for the effective delivery of justice.
She said corruption not only undermines the rule of law but also erodes public confidence, which is vital to the legitimacy of the judiciary.
In Chinhoyi, Deputy Judge President Justice Garainesu Mawadze officially opened the 2025 Legal Year at the Chinhoyi Courts, emphasising the paramount significance of collaborative engagement with stakeholders and lauding the notable milestones achieved in advancing the administration of justice.
Justice Mawadze said the Judicial Services Commission’s designation of Banket as a resident court for Mashonaland West province on January 2 marked a pivotal development aimed at fortifying the dispensation of justice in the region.
Reflecting on this transformation, he said: “Formerly operating as a circuit court, Banket’s intermittent nature meant that court proceedings were sporadic. However, this transition to a resident court heralds a new era where legal matters will be addressed daily, ensuring a consistent and expeditious resolution of cases.”
This strategic shift, Justice Mawadze said, is poised to diminish delays in case adjudication and alleviate the burden on Chinhoyi.
“It signifies a significant stride towards enhanced convenience for litigants, legal practitioners, and all seekers of justice, guaranteeing that the machinery of justice operates with heightened celerity and dependability,” he said.
Commending the High Court, particularly the Chinhoyi High Court, for their outstanding performance in 2024, Justice Mawadze celebrated their remarkable 98 percent case clearance rate.
“This accomplishment is truly remarkable, given the mounting caseload and the intricate nature of the cases presented before them,” Justice Mawadze said.
He extolled the dedication and efficiency of the High Court Judges in case management. Notably, the High Court effectively resolved 151 out of 154 civil cases, all 115 cases within the family division, and an impressive 1564 out of 1567 cases in the criminal division. Furthermore, the Chief Magistrates’ Department Criminal Division successfully concluded 299 cases out of 335 cases.
Across the provincial courts, a 95.6 percent clearance rate was achieved with 1481 cases resolved out of 1549, while the Anti-Corruption Courts handled 54 cases, finalising 25 of them. Justice Mawadze’s address underscored a narrative of commitment, efficiency, and a resolute dedication to upholding the pillars of justice in the region.
In Mutare, another Constitutional Court Judge Justice Ben Hlatshwayo implored social media content creators, known as the Fifth Estate, to refrain from unwarranted character assassination, misinformation, and disinformation when utilising communication platforms.
This message was conveyed during his address at the official opening of the legal year 2025 at Mutare High Court.
Justice Hlatshwayo underscored the importance of ethical communication.
“I urge the Fifth Estate to exercise caution in disseminating information. It is crucial to avoid engaging in character assassination, spreading misinformation, and fostering polarisation. By utilising social media responsibly, users can contribute significantly to developmental issues and facilitate constructive public discourse.”
Traditionally, the professional media industry has been recognised as the Fourth Estate, while the Fifth Estate refers to socio-cultural groups with diverse perspectives in contemporary society.
This term commonly encompasses bloggers, journalists operating in non-mainstream media platforms, and individuals with a significant presence on social media platforms.
The overarching theme for this year’s official opening of the legal year is centered around “Building public confidence in the Judiciary through stakeholder participation.”
In Masvingo, Constitutional Court Judge Justice Anne-Marie Gowora inaugurated the 2025 Legal Year at the Masvingo High Court, calling for an additional judge to alleviate the workload on the current bench members.
Justice Gowora lauded the exceptional work ethic of Justices Sunsley Zisengwe and Helena Charewa, highlighting their remarkable achievements in case resolutions.
In 2024, the two judges successfully concluded over 1700 criminal cases and 810 civil cases, boasting a commendable case clearance rate of 94 percent for criminal cases and 89 percent for civil cases.
Despite the substantial caseload of 1909 criminal cases filed at the Masvingo High Court last year, with 32 cases carried over from 2023, only 118 cases remained pending, carried over to the current year.
Moreover, the civil division of the Masvingo High Court, which began with 20 cases from the previous year, handled 893 additional cases.
Of these, 103 civil cases were left unresolved and carried over to the current year.
Justice Gowora praised Justices Zisengwe and Charewa for their dedication and resilience in efficiently resolving a significant number of cases in 2024.
While acknowledging the outstanding performance of the two judges, Justice Gowora stressed the critical need for increased judicial capacity at the Masvingo High Court.
She said that the addition of another judge would enhance the justice delivery system, especially considering the broad jurisdiction served by the court, extending beyond Masvingo province to parts of Matabeleland South and the Midlands province.
Justice Gowora underscored the importance of sustainable and effective service delivery.
“While the stellar performance of the two judges last year is commendable, it is crucial to recognise the challenges posed by the current workload.
“To ensure sustainable and effective service delivery, it is imperative that at least one more judge be posted to their station. This would help alleviate the pressure on the existing judicial officers and prevent the risk of overburdening them,” said Justice Gowora.
The ceremony was attended by various dignitaries, including the Minister of State for Masvingo Provincial Affairs and Devolution, Ezra Chadzamira, the permanent secretary in his office, Dr Addmore Pazvakavambwa, service chiefs, members of the legal community, and traditional leaders.
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