Let’s enact law mandating courts to deliver judgments within a specified timeframe

By Daily Revelation Editor

President Hakainde Hichilema during the swearing in ceremony of Chief Justice Mumba Malila and on several other occasions has spoken about how he would want the judiciary to dispense justice quickly. Every reasonable Zambian affirms that and have been looking forward to a time when that could become reality.

However, the opposite is what is actually obtaining on the ground as files of cases that have been adjudicated upon and most of them waiting for simple judgments continue to gather dust. It is a very disheartening situation that one matter, even the most complex ones, could be allowed to gather dust on the court shelves without judgment being pronounced upon them for years. Many with outstanding court cases have actually died without getting their fair judgment on matters they took before the courts of law.

We agree with the saying that justice delayed is justice denied. The President has indicated and spoken about this matter. Maybe he should call the Chief Justice and the other judges for another swearing ceremony just to re-emphasise on the need to dispense justice quickly, especially those matters which have already reached the judgment stage. No judge worth his/her salt can allow matters they have adjudicated upon to run for years, even many months without passing judgment. Such mediocrity and inertia should not be allowed in this country

The fact that there has been little change in the manner these magistrates, judges and justices have been handling matters despite them being urged to do so during swearing in ceremonies should send a clear message to Hakainde Hichilema and those who wish to see speedy delivery of justice in this country. The message is that you cannot wish for a system that has operated in the same manner for decades to expect to change by just mere wishful thinking. The words from Hakainde should actually be followed up with action in terms of drastically changing the manner these justice providers work, because delaying judgments is one of the ultimate injustices especially those affected can ever be subjected to.

Hakainde mentioned during his end of year press conference that he had signed into law a statute requiring corruption cases to be tried in five months for instance. How about coming up with a similar law that will require that matters be tried within a specified period, or if that sounds too far-fetched, how about coming up with a law that will require that once final submissions in any matter have been submitted, the courts should be required to deliver judgment on them within a specified timeframe?

We feel certain matters are deliberately allowed to stall or drag on mainly because of bureaucracy, inefficiency and just outright corruption. It’s a situation where people want to find ways of delaying delivery of justice to exhaust those who are vulnerable but deserving of justice. In some other instances, this could be done because some marshal has deliberately hidden files after receiving some heavy brown envelope, and in more extreme circumstances where the judge has received some payment in kind, and just decides to permanently sit on the matter so as not to offend those from whom they received the envelopes.

We don’t understand why any judge who was trained on the importance of delivering justice should work against the same aims of justice they were appointed to serve.

The situation we are in will not sort itself out unless there is a concerted effort to change the manner our courts work as the problems we are seeing there are deep rooted and mere words alone won’t solve anything. We need to have a judiciary that is anchored on truth, honesty, uprightness, morality. A judiciary that is efficient in dispensing justice and is incorruptible.