mdc t press statement on the opening of the 2015 judicial year

7/26/2019 MDC T Press Statement on the Opening of the 2015 Judicial Year

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MDC T PRESS STATEMENT ON THE OPENING OF THE 2015JUDICIAL YEAR

The Movement for Democratic Change MDC T welcomes the ocialopening of the judicial year, is heartened by the judiciarys

cognizance of its authority deriving from the people and commendsthe Chief ustice for therefore accounting to the people of !imbabweon the judiciarys performance" The MDC T congratulates the judgescited as having performed admirably, and e#horts the $on" Chiefustice to e#pose the names of those who did not, in the interests ofgreater accountability and transparency"The MDC T e#pects the judiciary to indeed ful%ll its aim, as the$onourable Chief ustice said, to improve justice delivery for thepopulace, through the addressing, by all sta&eholders of thefollowing failings and issues that undermine access to justice andthe rule of law'

(" The unconstitutional failure of the $ead of )tate to date toappoint an *ttorney +eneral in terms of section (( of theConstitution compromises the independence and eciency ofthe -rosecutor +eneral who is the former *ttorney +eneraland illicitly doubles up as the *cting *ttorney +eneral *.D the-rosecutor +eneral" /t is no wonder that the Chief ustice hashad to lament delays in criminal trials originating from theprosecution" The MDC T is aghast that two Cabinet reshu0eshave been e1ectedwithout any attention to the need toappoint the *ttorney +eneral" The MDC T demands that the

$ead of )tate complies with the Constitution and urgentlyappoints an *" +" upon his return from leave"

2" The delay in gazetting the date of coming into operation of the.ational -rosecuting *uthority *ct despite its being assentedto last year unconstitutionally undermines its independence asit continues to operate under the administration of theMinistry of ustice" The MDC T demands the immediategazetting of the coming into operation of the .-*"

3" The unconstitutional failure of the 24(5 national budget toprovide separately for the .-* as re6uired by )ection 3457387c8 and the attendant under resourcing of the .-*"

" The more open system of judges should be made moredemocratic by a1ording members of the public anappropriately managed opportunity to pose 6uestions or raiseissues regarding candidate judges, thereby ma&ing publicaccess more meaningful"

5" The dissatisfactory conditions of service of judicial ocers thatdis6uiten the $on" Chief ustice so much can only be fundedfor ade6uately if the udicial )ervice Commission had beengiven an opportunity to ma&e representations to the-arliamentary Committee on ustice, 9egal and -arliamentary

*1airs as re6uired by section 325 728 of the Constitution" TheMDC T condemns this rampant level of unconstitutionality


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even in the administration of the justice delivery system andbegs the 6uestion' who will guard the guard:

;" The MDC T is appalled by the to#ic levels of corruption in thejudicial system, which often manifest in the form of politicalpartisanship, and demands that the udiciary,


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the same judges sit in the Constitutional Court and )upremeCourt, that is already evidently prejudicial of justice"

(2" The MDC T is encouraged by the steady @ow of cases tothe Constitutional Court but is disappointed that the cases arefew given the

mdc t press statement on the opening of the 2015 judicial year

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