A TOTAL of 3 005 civil processes, which include divorce, ordinary chamber applications, urgent chamber applications, civil trials, appeals and applications for provisional judicial management were issued in 2013.
SILAS NKALA STAFF REPORTER
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 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 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.
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“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 Of these 186 were granted (and) the rest were settled, dismissed or withdrawn,” he added.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 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.
“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. Twitter feedback @silasnkala
