Judiciary to focus on efficiency, effectiveness

By Kundai Marunya

The Judicial Services Commission (JSC) will this year focus on ensuring efficient and effective provision of services.
This was said by Chief Justice Luke Malaba in his speech to mark the official opening of the 2021 legal year.
As has become tradition, the Chief Justice announced this year’s theme, but without the usual pomp and fanfare as Covid-19 put a damper on the event.
Chief Justice Malaba said the theme is pronounced and made public to make the public and stakeholders aware of what the judiciary intends to focus on in the course of the year.
“The disclosure of the theme provides stakeholders and the public with a yardstick by which to hold the judiciary to account in respect of performance during the course of the year,” he said.
“The theme for 2021 is derived from one of the goals that are set out in the JSC’s new Strategic Plan. It is ‘ensuring an efficient and effective judiciary’. The theme builds on the 2020 legal year theme, which was ‘judicial transparency and accountability’”.
Chief Justice Malaba said an effective and efficient judiciary boosts public confidence.
“Public confidence in the judiciary is cultivated and maintained when those appearing in courts see that those charged with judicial functions are conscious of the obligation to deliver justice or provide services efficiently and effectively,” he said.
“A judicial system that is inefficient is not effective. An efficient judiciary is the hallmark of an effective system of justice. The concept of justice is used to mean the manifestation of acting in accordance with the procedural requirements of the Constitution or a constitutionally valid law and granting an effective remedy to protect public interest or enforce rights violated or likely to be violated by conduct constituting the cause of action.”
To arrive at this efficiency and effectiveness the JSC will work with Government in decentralisation of courts, establishment of an integrated electronic case management system, reviewing and rationalising legal costs, improving physical access to the courts by people with disabilities, simplification of court procedures and strengthening and capacitating the justice delivery institutions.
“The efficiency of the judiciary as a decision-making unit of an effective system of justice is measurable by the consideration of factors relating to competency; integrity; aversion to any form of corruption or abuse of office; ability to hear and complete cases speedily; ability to deliver quality judgments expeditiously; and optimal conditions of service,” said Chief Justice Malaba.
“In 2020 two judges had cases of misconduct referred by the JSC to the President to set up tribunals to investigate the question of their removal from office. Five (5) magistrates went through disciplinary hearings, resulting in their discharge from service on allegations ranging from corruption to inefficiency and incompetency.”
JSC has devised measures to enhance monitoring members of the judiciary among them is the requirement that all Heads of Courts account to the Chief Justice in terms of the performance of their courts and staff.
“These meetings are augmented by monthly statistical reports detailing the performance of each court,” said Chief Justice Malaba.
“The reports record the workload and the performance of each judicial officer in relation to the number of cases received and finalised, judgments reserved and backlog of pending cases.
“This is done to monitor the efficiency of each court and each judicial officer and to ensure that corrective action is swiftly taken where necessary.”
JSC has also formulated a new policy that will see every member of the judiciary signing a performance contract each year.
“The performance of each member is monitored throughout the year by means of a carefully designed monitoring and evaluation matrix that ensures compliance and early detection of cases of malperformance,” said Chief Justice Malaba.
Meanwhile, JSC opened its year today on a sad note with 31 of their members infected with Covid-19, two of whom are in critical condition.
They also lost one of the members when the country experienced its worst infections on January 5, with a record 1 365 new cases and 34 deaths.
“Regrettably, we start the legal year against the backdrop of the ravages of a virulent pestilence, the scientific description of which is Covid-19. The pernicious plague has affected the lives of millions of people across the world,” said Chief Justice Malaba.
“The pandemic has not only impacted on social lives. It has seriously affected court operations. The lockdown and other restrictive measures issued by Government in 2020 intended to prevent and contain the spread of the disease resulted in either the partial operation of courts or the discontinuation of some of the court services.”
Chief Justice Malaba encouraged members of the public to comply with measures imposed to prevent the spread of Covid-19.
“The national lockdown measures will achieve the intended purpose if citizens act in strict compliance with their commands,” he said.
“Acting without strict adherence to the preventive and protective requirements imposed by the nation lockdown regulations would not only be criminal conduct but also dangerously reckless with one’s life. These times require self-discipline and behaviour consistent with policies and measures put in place by the authorities for the common good.” Nhau/Indaba