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Legal Aid directorate struggles to function, urgent intervention needed

Many people are in dire need of legal representation, especially in serious criminal cases, and Chief Justice Luke Malaba has expressed regret over the Legal Aid Directorateโ€™s failure to carry out its constitutional mandate of helping the most vulnerable members of the population access legal aid. 

The Legal Aid Act establishes the Legal Aid Directorate, which is responsible for administering legal aid in Zimbabwe, by providing legal assistance to persons who are eligible for such assistance in both criminal and civil matters but the Directorate has been incapacitated to carry out its role.

Malaba said it was therefore important that the Legal Aid Directorate be equipped with โ€œallโ€  necessary resources it requires to promote equality in Zimbabweโ€™s justice system.

โ€œThe provision of legal aid in the administration of justice is another key area of concern, and it is an area in which a multistakeholder approach to justice delivery is urgently required,โ€ said the Chief Justice during the national opening of the 2025 legal year held for the first time at the Bulawayo High Court on Monday.

Malaba underscored the importance of legal aid as an essential component of justice delivery, particularly for vulnerable populations.

โ€œFor the public to effectively access justice in their various districts, legal assistance is essential. The Constitution recognises the provision of legal aid as a right,โ€ he said.

According to Section 31 of Zimbabweโ€™s Constitution, the state is required to provide legal representation in civil and criminal cases to people who need it and who are unable to afford a lawyer of their choice. 

The provision is complemented by Section 70 (1) paragraph E of Zimbabweโ€™s Constitution, which requires the provision of legal practitioner by the state, and at state expense, to an accused person if โ€˜substantial injusticeโ€™ would otherwise result.

However, Malaba lamented the persistent challenges faced by the Legal Aid Directorate, which is tasked with administering legal aid in Zimbabwe.

โ€œRegrettably, the Legal Aid Directorate has not been able to perform its functions as laid out in the statute. Consequently, a gap has been created where persons in need of legal aid, especially those facing serious criminal charges, have not been able to access aid,โ€ said the Chief Justice. 

Due to this gap, Malaba said the High Court Registrar and the Law Society of Zimbabwe have since assumed an ad hoc responsibility for administering the pro-deo system in criminal cases.

โ€œUnder that system, an accused person indicted for trial in the High Court and who has no means to hire a lawyer of their choice is afforded the services of a legal practitioner nominated by the Registrar of the High Court. The efforts by the Commission and the Law Society of Zimbabwe in covering the gap are commendable,โ€ he said.

However, Malaba stressed this was โ€œnot a solution to the legal aid challenge,โ€ citing the law was clear that the Legal Aid Directorate โ€œis the primary stakeholder responsible for administering legal aid in the country.โ€

โ€œIt is therefore imperative that the Legal Aid Directorate assumes this role in compliance with the law,โ€ said the Chief Justice, calling for urgent resources to enable the Legal Aid Directorate to fulfill its mandate.

โ€œIt is important that the Directorate is urgently provided with all the necessary financial and technical support, as well as the human resources which it requires to effectively disrupt its mandate and make a meaningful contribution in the promotion of equal treatment for all under the justice delivery system.โ€

Meanwhile, the Chief Justice also acknowledged the โ€œcriticalโ€ role played by UNICEF in the victim-friendly court system as part of stakeholder participation in the justice delivery system.

โ€œUNICEF has partnered with the judiciary to bring about an efficient and effective victim-friendly court system in all courts and communities,โ€ he said.

The partnership has been in the areas of training of judicial officers, prosecutors and police, the provision of equipment in all the victim-friendly courts, and the provision of witnessesโ€™ expenses and refreshments during their attendance at court.

Malaba added the victim-friendly court system now has committees at national level, chaired by the chief magistrate, as well as at the provincial and district level.

He noted the victim-friendly court initiative still stands out as part of the judiciaryโ€™s and other stakeholdersโ€™ collaboration success stories.

โ€œIt is, therefore, not surprising that the general public has benefited a lot from this partnership. Most importantly, public confidence in the victim-friendly court system is at its strongest,โ€ said the chief justice.

โ€œI must at this time commend UNICEF for its continued participation in the victim-friendly court system and further assure that it remains an important and integral stakeholder in the justice delivery system. To the judiciary, the relationship with UNICEF is priceless.โ€

End//โ€ฆ

Lulu Brenda Harris

Lulu Brenda Harris is a seasoned senior news reporter at CITE. Harris writes on politics, migration, health, education, environment, conservation and sustainable development. Her work has helped keep the public informed, promoting accountability and transparency in Zimbabwe.

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