Judges incompetent, says top lawyer

via Judges incompetent, says top lawyer – NewZimbabwe 04/01/2016

SENIOR legal practitioner and former Harare Mayor, Muchadeyi Masunda, has said judges currently in the country’s top courts are largely “inexperienced and incompetent”.

Masunda said the country used to have the strongest judiciary in the world but that this has since changed.

He was addressing a one-day workshop held recently in Harare and organised by National Peace Trust.

The workshop drew delegates from several African countries and was also attended by vice president Emmerson Mnangagwa.

“Amongst the judges that we have, the majority of them have not practised law,” said Masunda.

“And it’s not the fault of the incumbents in these positions – whether they are the judges of the Constitutional, Supreme or High courts.

“It’s not their fault; it’s the system.”

Masunda added: “Because if you had not been trained and exposed to how the system works you won’t be able to discharge your mandate.

“The fact of the matter is I am not bragging, I have been an attorney and exposed to practise of law since 1974; I am one of the most senior legal practitioners in this country.

“So if you haven’t seen, touched it, experienced it, smelt it and you are being thrown at the deep end of the pool and you are expected to discharged your role effectively.”

COMMENTS

WORDPRESS: 11
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    Mukanya 4 years ago

    Much. your days are numbered, remember you once led Harare city from the opposition bench.

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    the judges are appointed to return the decisions that zanu pf and mugabe want. they get farms and mercedes benz in exchange.

    if the rule of law and respect for the courts collapses as a result, well this is a price that mugabe is happy to pay.

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    With the greatest of respect, it is not factual that the majority of our judges have not practised law. Sections 177 to 179 of the Constitution of Zimbabwe clearly prescribes the requisite qualifications for appointment of judges of the superior courts. I would challenge anyone to name just one judge who has not practised law, not two, just one.

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      What is stated in the constitution and any other legislative instrument and reality on the ground in Zimbabwe are worlds apart. So do not hide behind the constitution and/or any other law, look at what is obtaining on the ground.

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        Let’s stop generalizing and be factual for once. The challenge to you all is to name just one judge who had not practised law prior to his or her appointment to the bench. Just one. If you can’t do that and if the ‘workshop statement’ was actually made, I would move that it be withdrawn and an apology be proffered. This year we will not allow you all to get away with murder. Martin Luther King said ‘our lives begin to end the moment we become silent about things that matter.’

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    I presume,that there are now millions of Zimbabweans out there, who never practised law, but from experiance can now almost always say who is right or wrong, although many years ago they did not bother and just left the desicion to those they once trusted.

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    nyulus 4 years ago

    they are being paid so that they pretend they are incompetent

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    Wezhira wezhara 4 years ago

    The constitution says any person who has been in practice for 7 or more years qualifies to be a judge so hameno Masunda kuti akazviwanepi. Akapomerwa kushaya njere naTsvangison because he is supposed to be better informed or inyaya yokugarisa without practicing. Majaira kushora zvese nenyaya yekuti you hate Mugabe/ZANU PF