In an unprecedented move, the High Court will sit in Gokwe to hear murder cases following a spike in killings in Midlands province.
The development was revealed by the Kwekwe Lawyers Association (KLA) whose members have been asked by the Judicial Services Commission (JSC) to provide services to the murder suspects that will appear during the sitting of the circuit courts in Gokwe and Gweru.
However, the trials hang in the balance because the KLA says its members cannot afford to travel the long distances involved, pay for accommodation and buy food because the JSC does not give them anything for their services.
In a letter dated August 22, addressed to the JSC the KLA revealed that the High Court will sit in Gweru and Gokwe starting from September 9 due to the escalating number of murder cases.
“It has now been brought to our attention that the High Court will implement a pioneer project, whereby judges will be in Gweru and Gokwe on circuit at the same time having marathon court sessions to deal with the escalating number of cases of murder across the whole province, commencing 9th September, 2024,” reads part of the letter.
However, the KLA said the logistics for the trials meant that its members would be incapacitated as they do not get any financial assistance from the JSC.
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“All other lawyers and court officials in government service such as prosecutors, judges, court recorders, interpreters, and clerks are not only given travel and subsistence allowances for attending to these cases, but those traveling from afar are given accommodation at the government's expense,” the KLA said.
“Even state witnesses are accorded similar treatment.
“No one is considering lawyers in private practice, who now get nothing at all except demands for punctuality, diligence, and preparedness.”
KLA said some of its members have been allocated up to five cases and that meant their own practice would suffer during the trials in Gokwe and Gweru as most of the time would be spent on travelling and preparing for the court cases.
“Accordingly, we humbly request that all the stakeholders urgently address this grave issue of concern before the circuit commences,” the association said.
“Our members are prepared to undertake the pro-deo exercise provided the issues raised above are urgently addressed and redressed first.
“We are, at this moment, genuinely and justifiably incapacitated from undertaking the noble exercise of being at the state's service, even though we may be willing to do so.”
The KLA said it no longer made sense for the High Court not to have a permanent presence in the Midlands Province.
“On a related note we are also at a loss as to why and how the biggest province in the country with the third and fifth largest cities still does not have a High Court and is lagging behind other provinces in this regard,” the letter added.
“Equally worrisome is the issue of having Kwekwe matters being dealt with in Gokwe.
“This results in serious inconveniences and great expense on the state and the defence as the lawyer, the accused and all witnesses have to travel at least 145km away from their city in search of justice."
JSC secretary Walter Chikwanha could not be reached for comment on the issues raised by the lawyers.