A TOTAL of 3 005 civil processes, which include divorce, ordinary chamber applications, urgent chamber applications, civil trials, civil appeals and applications for provisional judicial management were issued in 2013. SILAS NKALA STAFF REPORTER
There was also a low clearance of cases compared to 2012.
Speaking during the opening of the first term of the Judiciary’s 2014 Legal year at the Bulawayo High Court yesterday, Judge President of the High Court Justice George Chiweshe said for most of 2013, the Bulawayo High Court was manned by only three judges instead of the required five.
He said retired judge Justice Misheck Cheda, who had been appointed an acting judge on the Bulawayo bench — had left at the end of the 2013 — and that for the greater part of the second term of 2013 Justice Martin Makonese was attached to Harare leaving only three judges to deal with all cases.
“At the end of the second term Justice Maphios Cheda tendered his resignation. These developments had a negative impact on the clearance rate of cases putting a severe strain on the remaining judges who in addition to attending to normal court roll had to preside over circuit courts,” Justice Chiweshe said.
“As a result, the statistics for 2013 indicate a lower rate of clearance compared to 2012.”
He said there were 3 005 civil processes issued during the year with high divorce cases.
“In my opening address on 14 January 2013, I expressed concern at the rate which couples were divorcing. It is regrettable that this trend has continued unabated.
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“In 2013, 473 divorce summons were issued compared to 425 in 2012. This represents an increase by 48 cases. A total of 757 chamber applications were filed at this station. Of these, 339 were granted.
“The station received 333 urgent chamber applications. Of these 186 were granted (and) the rest were settled, dismissed or withdrawn,” he added.
Justice Chiweshe also lamented the shortage of court rooms in Bulawayo as there is only one court room reserved for criminal trials and one for civil trials, heavily minimising the number of cases that can be heard.
He said this had resulted in a huge backlog of cases.
“During the year under review, a total of 72 civil trials were set down; 13 were completed, 25 await judgment, 16 were postponed and 18 were removed from the roll,” Justice Chiweshe said.
He said 462 civil appeals were filed, but only 180 records were received. He said of the 42 records were set down, 30 were completed, 90 were dismissed for failure to file heads of argument on time, 22 were returned to station of origin and 22 are pending.
Justice Chiweshe said owing to the harsh economic conditions many companies were struggling to survive hence an increase in applications for judicial management.
“However, some companies are abusing these processes. It is now common for companies under distress to file applications for provisional judicial management or liquidation. Thereafter they do nothing to ensure that a judicial manager or liquidator is appointed. The Master (of the High Court) has been directed to clean up the mess.”
On criminal cases, Justice Chiweshe said 73 criminal trials were set down and only 31 were finalised while 25 were removed from the roll due to non-availability of witnesses. Eleven were postponed, three are still pending and three judgements were reserved.
Justice Chiweshe said the Circuit Court performed better than the main station as Hwange circuit had 48 cases set down with 38 completed, four awaiting judgement while six were removed from the roll and eight were postponed.
On criminal appeals Justice Chiweshe said: “A total of 392 appeals were filed. A further 158 appeals were carried over from 2012. Out of these, only 140 were set down and 81 were completed.
A total of 200 appeals were dismissed by the registrar and 129 appeal records were returned to magistrates’ courts for one reason or the other.”
He said there were 2 669 records received for criminal reviews with 2 521 being confirmed on review, 22 pending while the balance was declined.
Justice Chiweshe said 2013 saw progress in the Judiciary system through the completion of the Constitution of the country which created a new standalone Constitutional Court, the highest court in the land.
He said the country held general elections on July 31 under the new Constitution and in the aftermath, a total of 151 election petitions were filed with the Electoral Court.
“As things turned out, 91 petitions were withdrawn, 55 dismissed and only one remains outstanding in Harare. The High Court at Bulawayo dealt with six of these petitions and four are pending.”
The function was graced by the Senior Minister of State in the President’s Office Simon Khaya Moyo, Bulawayo Provincial Affairs minister Eunice Sandi-Moyo, Bulawayo mayor Martin Moyo, senior civil servants and members of the public.
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