The Parliamentary Legal Committee has issued an adverse report on Statutory Instrument 153 of 2023 High Court (Amendment ) Rules, 2023 (No1) which introduced the Integrated Electronic Case Management (IECMS) system saying, in its current form, the platform precludes the general public from accessing justice.
In a report issued early this week, the PLC noted that the introduction of the IECMS did not consider that the majority of the country's population lives in rural areas where there is limited or no access to the internet."There is no participation by the public in the proceedings, which affects the democratic nature of fair hearings. It cannot be disputed that not everyone in Zimbabwe has access to or owns an electronic gadget that permits them to file electronically."He also noted that the instrument infringed on the public's right to fair hearings as the language of instruction on the IECMS is English, meaning those not conversant with the language have no access to a fair hearing.
"This affects the respect of section 6 of the Constitution, which requires the State and all government agencies to ensure that all officially- recognised languages are treated equitably," Ndudzo added.Furthermore, with regard to self-actors, bail applications become non-existent as some citizens in remote areas do not own smartphones that permit them to file documents electronically."Having noted this the committee has viewed this as a direct violation of section 49, which enunciates the right to liberty."With regard to justice delivery, this has not been the case since the commencement of IECMS, it has been noted that virtual hearings take longer than physical hearings due to lack of or poor internet connectivity and availability of electricity,” Ndudzo added.The committee’s verdict comes after Alpha Media Holdings (AMH) senior court reporter Desmond Chingarande filed a complaint, late last year, over the Judicial Service Commission (JSC)’s online system which restricts the media’s access to court proceedings and documents.
