Chiwenga calls for mature democracy

Acting President General Dr Constantino Chiwenga (Retired) is congratulated by Chief Justice Luke Malaba after unveiling a plaque at the official opening of Mutare High Court yesterday. Looking on is Manicaland Provincial Affairs Minister Monica Mutsvangwa and Minister of Justice, Legal and Parliame

Published: 08 May 2018

Acting President General Dr Constantino Chiwenga (Retired) yesterday encouraged Zimbabweans to demonstrate that the country's democracy has matured through being warm and hospitable to foreign election observers expected for the country's harmonised elections.

Addressing guests attending the official opening of the new Mutare High Court, Acting President Chiwenga implored people to be peaceful.

"We have invited observers from across the globe to witness our election. I call upon all Zimbabweans to show them warm hospitality and demonstrate that our democracy has matured and come of age," he said.

He also noted that in addition to Government's commitment to delivering a free and fair election, the operations of the Electoral Court are also "key to the credibility of elections".

"This High Court is being opened at a very opportune moment when Zimbabwe will hold harmonised general elections. I want to assure you that my administration is ready to deliver a free, fair and credible election. Be that as it may, in terms of the law, the Electoral Court is a specialised division of the High Court. Its operations are key to the credibility of elections. The Electoral Act also provides for our institutions such as the Judicial Service Commission, Zimbabwe Republic Police and the National Prosecuting Authority to designate officials who are dedicated to dealing with political violence and intimidation. In this regard, I appeal to every Zimbabwean to shun violence and preach the gospel of peace, unity, tolerance, love and understanding throughout the country," he said.

Government, he added, was committed to the rule of law as it is an indispensable means of governance.

Upholding the rule of law guarantees stability, he said.

"If the rule of law prevails, then a country benefits; if it fails, the country suffers. Furthermore, when the rule of law is valued and thrives, a nation is stable and its people are content. However, if it is neglected and weak, a country will fall into turmoil and its people become discontented," he said.

Acting President Chiwenga urged law enforcement agents, political parties and other private entities to respect the Constitution.

Further, he urged the Ministry of Justice, Legal and Parliamentary Affairs and its partners to expedite efforts to translate the Constitution into vernacular languages.

The Judiciary was also urged to establish permanent High Court stations in other provincial centres.

"In the same vein, the establishment of this permanent High Court station is a supporting tool in Government's policies, such as the ease of doing business initiative and the increase in foreign direct investment into the country. It bears testimony not only to our commitment to open up the country for investment, but also increase the production and trading capacities of local industry.

"Business must draw confidence from the courts, which are now readily accessible to a wider populace in the country. Equally, business derives confidence from courts, which deal with cases promptly and not delaying in pronouncing their decisions," he said.

According to the Acting President, Government plans to set up anti-corruption courts at the level of the High Court as part of wider measures to fight the scourge.

"Government equally intends to establish anti-corruption courts at the level of the High Court to root out this scourge. The Judicial Service Commission should therefore implement the necessary steps to ensure that the specialised anti-corruption courts achieve the objectives for which they were set," he said.

Since some people cannot afford fees, Government is considering reintroducing "the in forma paupers system" - where fees are waived after filing an affidavit declaring an inability to pay - in civil cases and the "pro deo" legal representation, where legal fees are borne by the State in criminal cases.

The establishment of the Mutare High Court, the Acting President said, was meant to complement traditional leaders and not to supplant them.

"Justice delayed is justice denied. We must make sure that justice is delivered in good time and not keep people in remand prison longer than necessary. We have cases that have not been heard for a long time because of backlogs. Please, clear cases for the new Zimbabwe believes in timeous justice delivery service," he said.

The Mutare High Court, which has since been described as the best in the region, is the fourth permanent High Court station in Zimbabwe after Harare, Bulawayo and Masvingo.
- the herald

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