JSC’s e-system stalls soldier’s case 

Source: JSC’s e-system stalls soldier’s case – The Southern Eye

THE Judicial Service Commission (JSC)’s Integrated Electronic Case Management System (IECMS) has been blamed for stalling a case in which former Zimbabwe National Army (ZNA) captain Solomon Ndlovu is suing businessman Osfael Mazibuko for causing his wrongful arrest and subsequent jailing for car theft.

Ndlovu was acquitted of the charge after spending some time in jail and he has sued Mazibuko for US$102 800 damages for the loss of his houses, 78 head of cattle and some tractors.

His lawyer Arkisayi James Dhliwayo recently filed the lawsuit at the Bulawayo High Court.

Mazibuko and his manager Denis Ndlovu are cited as respondents.

Speaking to Southern Eye yesterday, Ndlovu blamed the confusion created by the IECMS, which does not reflect some of the transmitted processes between his lawyers from Hara Law firm and the High Court registry.

The JSC introduced the IECMS, which digitised the court processes.

He said they were expecting the registry to give a hearing date, expressing concern that they have since been advised that the system does not show progress in the case.

“We applied on June 14 for setdown and up to now, no date has been set for hearing. The registry says they do not see the communication stage in the system, but when we check in the lawyers system, it shows all the stages the case has gone through.

“This is not normal. The whole process is confusing from the start. We have the proof of payment which shows that my case on my side is in order,” Ndlovu said.

He said under normal circumstances, it takes seven to 14 days for the registry of High Court to respond after the application.

“It’s three months after we applied and there is still no reply and we are wondering what is happening. The person who caused my arrest saying I stole his car is saying I did not steal the car, but blames the magistrate for the error.

“He is now saying I borrowed the car. So if he is now saying I did not steal the car, why then was I arrested and jailed? This has damaged my life and now the matter I took to court is not moving,” Ndlovu said.

He said the ZNA has also refused to reinstate him.

JSC spokesperson Sharon Gabanga asked questions through email promising to trace the matter, but had not responded at the time of going to print.

However, Mazibuko has since filed his opposing papers denying being responsible for Ndlovu’s arrest.

Ndlovu was convicted by then Beitbridge regional magistrate Mark Dzira in January 2018 for car theft and was sentenced to six years in jail, with two months suspended for five years on condition of good behaviour.

A further five months were suspended on condition he paid Mazibuko US$2 500 restitution, leaving him with an effective 65 months to serve.