Divorce cases increase

A total of 519 divorce summons were issued by the Bulawayo High Court last year, an increase of 113 cases over the 2011 figure, a senior High Court judge said yesterday.

Officially opening the 2013 Legal Year of the Bulawayo High Court, Judge president George Chiweshe expressed concern at the rate at which couples were divorcing.

"The rate at which couples are divorcing has reached alarming levels.

Social scientists and other experts have attributed this development to the general erosion of cultural values due to urban migration, domestic violence, adultery and other social ills. "The prevalence of these factors has been exacerbated by the prevailing harsh economic conditions," said Justice Chiweshe.

The Judge president said Bulawayo received 4 278 civil applications last year compared to 3 501 received in 2011.

The applications included summons, court applications, ordinary and urgent chamber applications, summary judgments, civil imprisonment and other processes.

Judge president Chiweshe noted that a total of 1 152 chamber applications were filed during the year under review and that this figure represents an increase of 100 percent over the 2011 statistics.

Of these, 912 were granted and the balance were either dismissed or returned with various queries.

A total of 462 urgent chamber applications were filed last year, an increase of 43 over the 2011 figure and of these 361 were granted while 101 were declined for various reasons.

"A total of 215 pre-trial conferences were conducted during the year under review. A total of 72 civil trials were set down. Of this number, 38 were completed, 16 were partly heard and 18 were removed from the roll.

"A total of 140 opposed applications were set down of which 37 were concluded and judgments handed down, 21 were postponed, 24 were removed from the roll for various reasons and judgments were reserved in 37 of the matters," said Judge president Chiweshe.

He said the disposal rate for criminal trials is far from satisfactory with 74 criminal trials having been set down in 2012 compared to 72 in 2011. Of the cases set down, 19 were completed while 55 are pending.

"Circuit Courts were held at Gweru and Hwange. A total of 54 criminal trials were completed on circuit in 2012 compared to 19 completed at the main station.

"The reasons for this glaring discrepancy are not yet clear. The Registrar, the Attorney General's Office, the police and possibly prisons are urged to double their efforts to ensure that criminal investigations are timeously concluded and accused persons duly brought to trial. Undue delays in this regard may lead to the disappearance of evidence and the movement of key witnesses to far away and at times unknown locations," he said.

Judge presdent Chiweshe noted that officers involved in investigations or trials may also retire, resign, be posted out or even die before the completion of trials.

He sounded a strong warning against the extreme abuse of the appeal process.

Justice Chiweshe noted with concern that the majority of criminal appeals are noted for purposes of securing bail by accused persons and that once they are out on bail, the accused persons hardly bother to prosecute their appeals.

"The courts will not sit back in the face of such rampant abuse of its processes. The civil appeal process is also under threat. For example 121 notices of appeal were filed. Of these only 36 records were processed to completion. The rest remain unactioned. They were obviously filed for the purposes of delay. The Registrar assisted by the Judicial Service Secretariat has been instructed to stop this rot. Corrective measures will be put in place for that purpose," he said.

A total of 654 notices of criminal appeals were received last year and only 111 records were received of which 19 were returned to the Registrar for various deficiencies and in the end only 89 of the records were set down and completed.

Zanu-PF national chairman, Ambassador Simon Khaya Moyo, co-Home Affairs Minister Kembo Mohadi, Minister of Small and Medium  Enterprises Sithembiso Nyoni and State Enterprises and Parastatals Minister Gorden Moyo attended the opening ceremony.

Also in attendance were Members of the House of Assembly Dorcas Sibanda (Bulawayo Central), Samuel Sandla Khumalo (Pelandaba/Mpopoma), Thamsanqa Mahlangu (Nkulumane), Albert Mhlanga (Pumula), Magwegwe's Felix Magalela Sibanda and Gabriel Ndebele (Matobo South).

Senators Matson Hlalo Mpofu (Mzilikazi) and Agnes Sibanda (Gwabalanda), army, police and prison chiefs, presidents of the Labour Court, Mrs Mercy Moya-Matshanga and Mr Selo Nare, law officers from the AG's office, lawyers, magistrates and members of the public were also in attendance .