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No judges to hear MDC election challenges
By
Staff Reporter
ZIMBABWE'S Electoral Court is in limbo as there is no judge to hear
an electoral petition filed recently following last year’s declaration
by the Supreme Court that judicial appointments to the court were unconstitutional,
High Court registrar Charles Nyatanga said Thursday.
The Supreme Court last year nullified all the appointments to the Electoral Court after the opposition Movement for Democratic Change (MDC) petitioned.
It was the court’s finding that Chief Justice Chidyausiku’s appointment of the Electoral Court judges in consultation with the Judge President, as required by the Electoral Court was unconstitutional, as the constitution requires that the judicial Services Commission (JSC) be consulted.
Nyatanga made the revelation during a visit to the High Court by members of the Parliamentary Portfolio Committee on Justice chaired by Zanu Makoni East MP and former Central Intelligence Organisation (CIO) boss, Shadreck Chipanga.
Judge President Rita Makarau whom the MPs had also sought to question, diplomatically refused to entertain their questions.
“As you know, as the judiciary, we are almost at par with Parliament. I think the Master, as a civil servant can answer your questions. He is the village head here,” said Makarau, who was not asked any more questions.
The judge shortly left and did not accompany the legislators on a tour of the premises.
On the election petition, Nyatanga said: “As of now we are in a limbo. Two days ago we received an election petition. It requires a judge. We are in a dilemma. We are raising this because it is a matter for Parliament.”
He did not say who had filed the petition, but it is mostly likely to be a challenge to Zanu PF’s recent win in Chiredzi.
The Master of the High Court went on to paint a grim picture of the collapse of the administration wing of the court, due to lack of funds.
“Recently, we got donations of computers and laptops for judges, that is too little. It’s insufficient,” he said.
He added that if he had his way, he would have first provided assistance to support staff, before judges.
“My staff cannot produce 30-page judgments on Remington typewriters,” he said.
Nyatanga said lack of funds for stationary and lack of computers results in appeals lodged in the Supreme Court taking up to seven years before being heard, as they would be preparing for the records.
At times they tell lawyers to take documents for photocopying or binding even though that is supposed to be done by the courts.
He said they were also having problems with postage stamps that sometimes they have to depend on word of mouth to spread messages.
“If there is a magistrate going to Mutare, and there is something for Gonese law firm, we say go there and spread the word,” Nyatanga said.
On the High Court law library used by judges he said: “The library is empty, there is nothing. Everything is not up to date. That is all about the library with archive information.”
Nyatanga, who has sided with widowed Pamela Tungamirai in her wrangle against Solomon Mujuru, over the late Josiah Tungamirai’s estate, said it was disturbing to have high ranking officials who should understand the law better to involved in such disputes.
“Our office
is inundated with lots and lots of inheritance cases because someone
did not write his will or did not do it properly. I have always said
that those who live complicated lives, leave complicated estates,”
he said.
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