CHAPTER 14
COURTS AND ACCESS TO
JUSTICE: THE BULWARK
AGAINST TYRANNY
“Judges are charged with the ultimate decision over life,
freedoms, rights, duties and property of citizens.” - Preamble,
United Nations Basic Principles on the Independence of the
Judiciary (1985)
Access to courts and justice are indispensable for the creation of a culture of human rights. Human
rights on paper are not self-executing; rather, they rely on robust judiciaries that bring to life those
human rights provisions in international and regional treaties, in national constitutions and legislation,
and in common law principles. Rights are meaningless without remedies, and because the courts are
the ones invested with the constitutional powers to try matters, civil and criminal, and to pronounce
remedies, they become not only key but indispensable in enforcing and protecting human rights.
Importantly, courts are the guardians of the Constitution and the rule of law. Lack of legal awareness,
costs of accessing legal services, location of courts, limited government-funded legal aid, corruption
and compromised judicial and National Prosecuting Authority (NPA) independence are some of the
challenges that clogged access to courts and justice in 2018.
were 50 circuit courts in total. Of those, 16
circuit courts were not sitting; and 2 were not
functional. But circuit courts only sat on limited
days, with some sitting only day a week. The JSC
made some strides in setting up a new Regional
Court in Bulilima district, which prior to that sat
in Bulawayo. A second Regional Court is slated
for Guruve Court in 2019. The JSC appointed 60
new magistrates whilst the NPA seconded over
200 public prosecutors. Although a progressive
move on the part of the JSC and the NPA, given
the court backlog, limited training of these
officials saw some irregularities in the way cases
were handled.
Access to Courts
Five years into the 2013 Constitution, Parliament
was yet to pass the Constitutional Court Act as
required by the Constitution. Although the
Constitutional Court is in operation and rules for
the court were gazetted in 2016, there is still
need for a Constitutional Court Act which will
back the rules, and among other things, create a
Constitutional Court Registry. This would
enhance access to the court.
The decentralisation of the High Courts was
augmented with the addition of the Mutare High
Court which opened its doors in May 2018 as the
fourth permanent High Court in the country after
Harare, Bulawayo and Masvingo. Out of over 60
administrative districts in the country, Zimbabwe
has 55 district courts (Magistrates Courts).
Judicial Independence
Judges play a critical role in protection of human
rights, hence the need for independence. The
relationship between judges and human rights is
expressly mentioned in the United Nations Basic
Principles on the Independence of the Judiciary. 50
The UN Basic principles assert that “judges are
charged with the ultimate decision over life,
Of these 55 courts, some courts serve districts
that are expansive and have huge populations.
Circuits courts were operational in some districts
to reach out to people in need of justice. There
50. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from
26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13
December 1985.
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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