Judge President calls for separation of powers

Zimbabwe subscribes to the doctrine of separation of powers amongst the three organs of the state. We in the judiciary have no role in matters of the executive and reinstated a fundamental principal that guides and guards our democracy that it is the duty of all political parties and individuals to respect the constitution and other laws of the land and to adhere to the principles of the rule of law, she said.

We are confident that as part of adhering to the principles of the rule of law, the three political parties and the GNU will do all in their respective powers to uphold the principles of the independence of the judiciary, for there can be no rule of law without an independent judiciary. Makarau also said an acute shortage of judges was affecting the smooth and quick delivery of justice in the country.

She described the members of the benchs conditions of service as scandalous and said the judiciary had failed to attract any new judges because of the poor service conditions.

We have been informed that our conditions of service are so unattractive that no new appointments can be made to the bench, said Makarau on Monday at the opening of the 2010 legal year at the High Court Building in Harare. Makarau said the shortages were more pronounced in the southern part of the country, which is serviced by only three judges. She said there were 104 cases before the courts in Bulawayo, but no judges to hear them.

Accused persons have a right to be tried within a reasonable time and our reckoning of what a reasonable time is in itself fast becoming unreasonable, she said. The Zanu (PF) government led by President Robert Mugabe started purging members of the judiciary who were considered to be too independent and replacing them with more pliant individuals, who have been used to prosecute political opponents. Judiciary workers like many other skilled civil servants such as teachers, nurses, engineers and journalists have left Zimbabwe in their droves in search of greener pastures. Last year Justice Minister Patrick Chinamasa was forced to drag Minister of Finance Tendai Biti to the High Court to meet with judiciary workers who wanted to table their grievances.