LEGAL MATTERS: Weak economy ravages legal system

THE economic downslide that began in Zimbabwe nearly a decade ago and at one time became vicious appears to be steepening with every passing day, while our rulers continuously grope for what appear to be elusive solutions.
In this economic chaos, the justice delivery system, just like other sectors, has not been spared trouble and has also been relegated to victimhood.
The system continues to operate under debilitating and with the now so common “turn around” buzzword being inapplicable to it.
Central to the negative factors affecting the legal system is the issue of insufficient funding.
This has been so detrimental that the wheels of justice have are now rolling at a slack pace.
Sooner or later, if no drastic remedial steps are taken, our justice delivery system will drift towards the intensive care unit.
There is no doubt that the dominant national economic problem has had a ripple effect that has affected almost every facet of our legal system.
The shortage of funds to purchase equipment especially computers, stationery and recording machinery, as well as adequately remunerate staff, has always affected the performance of our courts.
Both criminal and civil matters are taking unreasonably long to finalise because insufficient staff, both professional and unprofessional staff, man the courts.
In civil courts, fuel shortages are causing delays in the service of summons on defendants, so much so that summons that used to be served within a fortnight now take a month or more, depending on the distance to be covered by the Sheriff.
Adding to these inherent delays caused by procedural dictates, institutional problems such as staff deficiencies, low morale and inadequate infrastructure and the problem is compounded, unnecessarily prolonging litigation.
Where civil cases are finally heard, judicial officers-facing an ever-mounting load of more court sittings, judgments to prepare and other ancillary work- battle to timeously hand down rulings.
As a result, if say an appellant claimed Z$5 million in December 2003, and the matter is heard in June 2005, while judgment is handed down in December of 2005, such a claim might not be meaningful at the end of the day because of the effects of inflation.

People may be aware that on numerous occasions, reports have been published of criminal courts being made to start work late, or failing to sit at all because of inconveniences caused by fuel shortages.
People may also be aware of the huge backlog of cases has accumulated because of insufficient members to operate in the courts.
At times in the civil courts, because of inordinate delays and inconveniences directly or indirectly related to the economic problems, litigation is being rendered merely academic.
Individuals noticing the shortcomings in our legal system now feel discouraged from enforcing their rights in the courts.
To bypass the mayhem in our civil courts, parties entering into private treaties are encouraged to include arbitration clauses in such contracts — because private arbitration is always a smooth and prompt way of settling disputes.
In the criminal courts, notable problems are the obvious delays in prosecuting individuals, and these delays are invariably akin to those dodging the civil courts.
Such unfortunate delays are gravely undermining suspects’ constitutionally-guaranteed right to a trial within a reasonable time.
Only a few individuals with financial resources have been able to successfully challenge the State, while the majority of the poor suspects continue to experience the harshness of our criminal justice system.
In the same criminal justice system, suspects who are convicted or are denied bail because of the gravity of their offences or other reasons, face the torment of our remand prisons.
It is high time a commission of inquiry is launched to investigate the numerous reports of prisoner abuse, starvation, homosexuality, overcrowding, deaths and epidemics of infectious diseases in these institutions.
It is not only unjust but also an extreme cruelty to incarcerate a suspect under inhuman and degrading conditions when the supreme law of the land outlaws such treatment.
A delay in finalising criminal matters is also adversely affecting suspects who deposit large amounts of money as bail.
If one was made to pay bail in the amount of Z$50.00 in May 2004, such payment will have lost value by the time it will be refunded by the State because of the effects of inflation.
It must be acknowledged that justice is not justice until you give it away.
The ministry of Justice cannot talk about justice if it cannot properly ensure the vibrancy and proper operation of our legal system.
It is also not true that justice delayed is justice denied or, further, that justice must not only be done, but it must be seen to be done.
Remedial measures need to be adopted urgently otherwise our legal system will be a continuous catas