The Financial Gazette

Clemence Manyukwe, Political Editor

THE Judicial Service Commission (JSC) headed by Chief Justice Godfrey Chi-dyausiku did not achieve much last year in terms of clearing the huge backlog of cases awaiting trial, a Parliamentary report has said.
Zimbabwean courts have been stretched to a breaking point due to a huge backlog of cases that are currently in the pipeline.
The legal system has been buckling under strain to the point of almost clogging due to piles of cases awaiting trial. This has caused remand holding cells to overflow with inmates as magistrates and judges struggle to mete out justice quickly enough.
Failure by the courts to clear the backlog has stoked debate around human rights issues, with critics saying justice delayed is justice denied.
To improve the operations of the courts, government introduced the JSC in 2010 through the Judicial Services Act. The JSC operates its own budget. It bring together all arms of the judiciary namely judges of the Supreme Court and High Court, presidents of the Administrative and Labour Courts, all magistrates as well as public prosecutors.
The JSC handles all issues to do with employment, discipline and conditions of service for judicial officers. Previously, it was the Public Service Com-mission which handled such issues.
The changes were meant to grant the judiciary more independence and autonomy in line with the doctrine of separation of powers.
But it would appear that the JSC still has a long way to go to clear the backlog.
As part of its priorities, the Commission is hoping to reduce the backlog by 50 percent by the year 2014.
“The Commission has not achieved much in 2011 in terms of clearing or reducing case backlogs”, noted the Parliamentary report.
The JSC is mandated with administering justice in accordance with the laws of Zimbabwe. Its key result areas are to uphold the Constitution, justice, human rights, deliver criminal and civil justice, undertake judiciary research and formulate policies.
The JSC was allocated US$22,8 million in the current budget.
Employment costs for the JSC increased from US$6,7 million in the previous budget to slightly more than US$9 million this year. The increase is seen improving staff welfare and enhancing efficiency.
The allocation for witness, however, dropped from US$1 million to US$700 000 this year, which might make it difficult for witnesses to attend court cases.
But there was an improvement in funding towards capital expenditure for the construction of civil and magistrate courts as well as the rehabilitation of courts in Marondera, Chinhoyi and Gwanda.