Simbarashe Mtembo

MIRROR REPORTER

MASVINGO – The continued operation of the High Court in Masvingo with two judges instead of a minimum of three is causing serious problems for litigants and their clients as numerous cases are transferred to Harare or Bulawayo when one judge recuses themselves during appeal hearings.

Appeal cases which are heard by two judges are delayed when one judge is sick, away on bereavement or business.

On Wednesday Justice Garainesu Mawadze had to remove the case of suspended Magistrate Story Rushambwa from the roll because the latter once worked with Justice Sunsley Zisengwe. Justice Zisengwe was supposed to hear Rushambwa’s appeal against conviction in a fraud case together with Justice Mawadze.

Justice Mawadze referred the case to the High Court in Harare.

Rushambwa’s lawyer Austine Sibanda of Mhaka Attorneys had travelled all the way from Kwekwe and now will have to start the case afresh in Harare. Lawyers are paid per hour and they also charge for transport and accommodation on a high scale.

“My brother Justice Zisengwe has recused himself, he is not comfortable to hear this matter because of his acquaintance with the first appellant. We have agreed that this appeal be sent to the High Court in Harare because it may be longer before another judge is sent down here to hear the matter with me.

“We hereby order that this matter is removed from the roll and be heard at the High Court in Harare,” said Justice Mawadze.

Constitutional and Supreme Court judge, Justice Rita Makarau recently alluded to the same problem when she officially opened the High Court for the 2023 Legal Year. She said that the absence of a third judge was hindering the quick progress and resolution of cases.

“Even though the two judges copied well with the workload at the station, I am aware of the sentiments of the community that an additional judge be deployed to Masvingo High Court at the nearest convenience. I am confident that the Honorable Chief Justice and the Judge President are keenly aware of the need for such additional deployment.

“It has been pressed upon me that the absence of an additional judge does not only place an onerous burden on the two judges but has the effect of ret  arding the quick resolution of appeals and other disputes that require the concurrence of two judges in the very usual event when one of the judges cannot be in chambers for a day or two due to ill health or bereavement in the family. I agree entirely,” said Justice Makarau.