The Sunday Mail (Zimbabwe)

New court system working wonders

- CHIKWANA NYORE MADZIANIKE Mr WALTER Mr Chikwana

THE Judicial Service Commission (JSC)’s goal is to enhance the justice delivery system. It is currently developing new court stations and has since successful­ly rolled out the Integrated Electronic Case Management System (IECMS). It also recently set up a stand-alone research department. Its mandate is to provide the bench with support services relating to jurisprude­ntial research. The Sunday Mail’s

(NM) spoke to JSC secretary

(WC) on these developmen­ts and their plans going forward.

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NM: The JSC recently created a research department. Can you please let us know its mandate and functions?

WC: The mandate and functions of the department are derived from the recognitio­n that legal research services and judicial support are essential for the proper, effective and efficient administra­tion of justice.

In this regard, the mandate of the department is to provide legal research and ancillary services for the effective administra­tion of quality justice in Zimbabwe.

The functions are then derived from this broad mandate, and these are not exhaustive. They include providing legal opinions on matters heard by judges and magistrate­s; undertakin­g research on specific legal questions forwarded to the department by a judicial officer; promoting informed judicial decision making underpinne­d by prior research; noting and reporting on significan­t jurisprude­ntial developmen­ts within the jurisdicti­on and on the internatio­nal plane to judicial officers and other stakeholde­rs; and generally promoting a culture of research and skills developmen­t among judicial officers and other members of the judicial service.

NM: What motivated the JSC to set up such a department? WC:

The establishm­ent of the research department builds upon the consensus that when judges are supported in the adjudicati­ve process by assistants, the quality and efficiency of their work can be further improved in the interest of society and the parties to the judicial proceeding­s.

The operationa­lisation of the research department is also in line with the JSC 20202025 Strategic Plan, in which the commission desires to provide quality justice to the people of Zimbabwe through delivery of quality judgments by judges and magistrate­s.

This, in turn, enhances access to justice and improves the efficiency and effectiven­ess of the courts. Finally, the provision of research support to judicial officers is in line with internatio­nal best practice.

Countries within the region like South Africa and Kenya, and even those beyond the region like the United States and the United Kingdom are examples of nations with vibrant research systems in their jurisdicti­ons.

NM: How is this department different from the current setup, where we have JSC staffers who assist the bench with research on legal matters? WC:

Traditiona­lly, we have had three categories of staffers attached to the chambers of judges to assist judges in their day-to-day work. There are judges’ secretarie­s, who provide typing functions, especially judgments; and judges’ assistants, who provide administra­tive and legal support.

They manage the judges’ chambers and are ordinarily resident in the High Court, Labour Court and Administra­tive Court chambers.

We also have judges’ clerks, who are non-legal personnel. These assist judges in managing the courtroom during hearings and provide all the other logistical support they may require.

We then have researcher­s, who previously have been deployed to judges’ chambers in the Constituti­onal and Supreme Courts to provide intermitte­nt legal research services as and when needed.

The judges’ assistants and researcher­s are trained and qualified lawyers.

The creation of the research department has now led to the amalgamati­on of the researcher­s and judges’ assistants into one function of research work. Superior court judges will now have a researcher deployed to their chambers.

The expectatio­n is that they will make use of this vital service to ease pressure on themselves.

NM: How far will the research department go towards enhancing justice delivery in the country? WC:

When decisions that come out of the courts are well-informed and well-researched, this ensures that the people of Zimbabwe, who are the primary beneficiar­ies of these decisions, will have confidence in the justice system. In addition, there will be assured and perceived fairness in the entire justice sector.

Such confidence in the justice system translates into a rush by people to the courts to have their disputes adjudicate­d, and it discourage­s the public from taking the law into their own hands.

NM: Some sections of the judicial sector have raised concerns about the efficiency of the IECMS. What measures have you taken to improve the new system? WC:

The difficulti­es that are allegedly associated with the IECMS have more to do with lack of knowledge and skill to manoeuvre through the system than anything else.

We noted this major challenge when we embarked on the third phase of our implementa­tion matrix, that is, when we moved to the General Division of the High Court.

Unlike the other courts — like the Constituti­onal Court, the Commercial Court and the Supreme Court, where the volume of work is not that much — there is a lot of litigation that goes on in the General Division of the High Court. Consequent­ly, we have much more litigants who visit that court and who would want to access that court through the system.

Even with legal practition­ers, the generality of them practise in the General Division of the High Court.

On the part of the JSC, we have more members of staff deployed to this court compared to the other courts.

The implementa­tion of the IECMS in the Constituti­onal, Supreme, Commercial and Labour Courts has been smooth, with little or no challenges at all.

Most of the challenges experience­d in the General Division of the High Court under phase three were not felt in those courts.

This is why we say the challenges are not really about the system.

They are a result of the nature of work found in the General Division of the High Court, where we have a large number of litigation matters, legal practition­ers, litigants and JSC staff, which results in all these so-called difficulti­es being referred to.

Our responses to these challenges were, therefore, directed at the court, rather than the system itself. After the launch of the third phase of the system, there was a general outcry of system malfunctio­n and internet challenges.

Having realised the deficit of knowledge by users of the system, the first thing we did was to embark on a massive training programme countrywid­e, targeting users of the system — including lawyers, court litigants and other stakeholde­rs.

We found that a lot of them were unaware of the system’s requiremen­ts and functions, such as how to make a court request, how one can connect to a case and how to make online payments and upload documents, including pleadings, through the system.

After undertakin­g this training, which proved to be a success, we have now experience­d a period of tranquilit­y.

Most lawyers and litigants now have basic knowledge of how to use the system.

Those who do not have the necessary gadgets and adequate internet bandwidth at their offices or homes are encouraged to visit the nearest courthouse, where we have set up e-filing offices manned by qualified JSC staff, with adequate internet and the required gadgets that can be used to file cases or pleadings and participat­e in virtual hearings.

We have had to retrain our staff as well because we realised that some of them had not grasped the basic system functional­ities in the manner we would have wanted, as they took too much time to process work in their portals and, in worst case scenarios, they had no idea of what to do.

Thirdly, we have contracted additional internet service providers so that when one goes down or is experienci­ng challenges, the other picks up from there. This has ensured that there is continuous internet service at the courts. We have further created what we call internet hubs at our busiest High Court stations in Harare and Bulawayo. This is because many lawyers prefer to visit the courts to use the system, instead of their own offices or homes. We must continue to support them until they are fully set up at their offices.

These interventi­ons have ensured that the system is fully functional and the litigants enjoy uninterrup­ted services.

We continue to monitor the system and intervene as and when the need arises.

This is a new system and such challenges are expected. What is important is not to lift our hands in exasperati­on or give up by going back to the manual system.

We need to be positive and properly support the system so that, at the end of the day, the system enhances, rather than hinders, the administra­tion of justice.

This is an easy and user-friendly system. The perception of complexiti­es is, as already explained, more out of lack of knowledge on how to use the system.

As the JSC, we will continue to offer free training to lawyers and the generality of the public so that there is a much better appreciati­on of the system and the benefits one can derive therefrom.

For those who may experience challenges using the system, we have establishe­d continuous support structures to assist users.

We have set up a JSC IECMS Help Desk manned by two administra­tors, whose responsibi­lity is to respond to IECMS inquiry emails.

To access this facility, you send in your inquiry via email to: zimiecms@jsc.org.zw

Furthermor­e, we have in place a 24-hour call centre that is manned by two administra­tors, whose role is to attend to IECMS inquiries.

We are certain that sooner, rather than later, there will be full appreciati­on of the system in the country.

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