Delays in criminal trials, backlogs and overcrowding at the country’s prisons will be reduced following the formation of the national council on the administration of justice tasked with coordinating and supervising the processes of the all-inclusive criminal justice system throughout the country.
A myriad of challenges is upsetting the criminal justice delivery system and in response to the impediments, the Judicial Service Commission has come up with measures to improve the system under the national council.
The council is being formed against the backdrop of marked increase in murder, rape, corruption and armed robbery cases on one hand and, despite the increase in the population and rate of crime, there has been no increase in prison facilities.
Speaking at the inaugural meeting of the national council on the administration of criminal justice held at the High Court in Harare yesterday, Chief Justice Luke Malaba said the council was established for purposes of putting in place mechanisms to ensure improvement in the criminal justice system.
He hoped this council would devise strategies and measures to end challenges facing the criminal justice system.
“Practices and policies need to be adopted which make the administration of the criminal justice system respond to the needs of the people,” he said.
Chief Justice Malaba said a criminal justice system that delivered swift justice was required, calling for a meaningful interaction and a coordinated approach among all stakeholders.
“It is important that all stakeholders are informed about each other’s expectations,” he said.
“As part of the envisaged intervention, stakeholders will be required to confront the incessant backlogs in the justice system, the delays in investigating matters, and the setting down of matters for trial.
“There must be certainty of trial dates. The criminal justice system can work better if stakeholders interrogate the cause of the problems it faces together.”
In this set up, all challenges facing each stakeholder and the criminal justice system as a whole would be brought to the attention of the council for resolution and this approach should be evident from the time a suspect was arrested by the police or the ZACC, placed on remand and tried by the courts.
Stakeholders should also be mindful of the situation at prisons when offenders are remanded in custody and should be knowledgeable about the challenges prisons authorities are facing.
Chief Justice Malaba reminded lawyers who defend offenders that they were officers of the court and should act in accordance with the law and in the interest of the criminal justice system.
“The priority ought to be to ensure that matters are expeditiously dealt with and in accordance with the law,” he said, adding that each stakeholder would remain independent and its role respected.
Chief Justice Malaba also noted there were many advantages of a multi-sectoral approach of a coordinated criminal justice system.
“In addition to improved communication, cooperation and coordination of the criminal justice system, there will be improved decision-making,” he said.
“There will be a clearer understanding of problems the criminal justice system faces, thereby facilitating a better resolution of the problems.”
The public was concerned about the lack of coordination among the key stakeholders in the system and Chief Justice Malaba called for a collective responsibility to build trust in the criminal justice sector.
The national council is made up of heads of institutions who are policy and decision makers in the criminal justice sector.
Judge President Mary Dube chairs the national council and is deputised by the Prosecutor-General.
Other ex-officio members are head of Bulawayo High Court Justice Martin Makonese, head of criminal division, Harare High Court Justice Esther Muremba, the chairperson of the Zimbabwe Anti-Corruption Commission Justice Loice Matanda-Moyo, Secretary for Justice, Legal and Parliamentary Affairs Mrs Virginia Mabhiza, Secretary of JSC Mr Walter Chikwana, secretary of the Law Society of Zimbabwe Mr Mapara, the Chief Magistrate Mrs Faith Mushure, Commissioner-General of Police Godwin Matanga, and the Commissioner-General Zimbabwe Prisons and Correctional Services Moses Chihobvu. – The Herald
