University of Minnesota




LAW SOCIETY OF ZIMBABWE END OF YEAR REPORT

BY THE PRESIDENT 2005


 

 

It is indeed an unhappy state of affairs  when I have to report for a second successive year that the environment  in which legal practitioners operate in has deteriorated even further.  Respect for human rights by the authorities is almost non-existent, the justice delivery system has continued its rapid  downward spiral, and the trust formerly reposed in our  legal system has been considerably eroded.  The situation has deteriorated to such an extent that  many key players in the justice delivery system seem inured to injustices, inefficiency and flagrant  breaches of human rights.  In this connection I refer  not only to judicial officers, Police, prosecutors , civil servants in general, but  legal practitioners as well.   It is a deplorable state of affairs.  It has become almost the norm to

 

  1. have inordinately long delays in setting down maters
  2. have delays in the handing down judgments by the judiciary
  3. have judicial officers delay in commencing court or even fail to appear in court
  4. have the prison authorities fail to bring prisoners to court
  5. have understaffing in both the  Attorney – General’s office and the magistracy
  6. have a inadequately resourced administration of justice which has now become less effectual
  7. expect a judiciary which  is discernably reluctant to indulge in judicial activism and to observe and enforce human rights
  8. see a lack of respect of legal practitioners by the Police
  9. anticipate and expect contemptuous disregard or defiance of lawful court orders by the executive
  10. receive repressive legislative which is inimical to  a just and democratic society
  11. expect astronomical price increases on a monthly basis, which make financial planning, and fiscal prudence an anachronism.

 

The matters alluded to above have made the environment within which legal practitioners operate a very difficult one, and greatly reduced their capacity to properly and efficiently execute their duties.   Notwithstanding this seemingly impossible environment, it is imminently gratifying to observe that most lawyers have maintained their independence and professionalism, and have retained  an optimistic but pragmatic outlook.

 

 

ATTACKS ON LEGAL SERVICE PROVIDERS

 

Whilst there  are fewer reported incidents of legal practitioners being threatened by members of the Police and  the militia simply because they are carrying out their duties, this problem still exits.   Legal practitioners are denied access to their clients, sometimes in subtle ways, and quite  often, by hostile and unapologetic peace officers.   The  Executive still continues to defy court orders.   There are attacks, especially by the Government controlled media, on those legal practitioners who are perceived to by human rights defenders.  In any democratic society, it is healthy, and indeed it is necessary, to have robust debates and criticisms and legal service providers should not, and do not expect to be exempt from such critical examination.  However attacks, whether they are direct frontal ones or are of a subtle nature which are intended to undermine the strength and professionalism of the  legal profession, are to be deplored becauses by reducing or neutralizing the effectiveness of lawyers, the administration of  justice is compromised, and ultimately the public is adversely affected.  It is vital that lawyers retain the confidence that the public has in them as they are regarded as enforcers of human rights.

 

It is regrettable to note that notwithstanding the fact that  some of the assailants of legal  practitioners have been identified, even after an inordinate delay, these persons have still not been prosecuted.  This  is an unfortunate development and conveys the wrong message about  the attitude that the  Executive has about legal practitioners.

 

 

DETERIORATION ON OBSERVANCE OF HUMAN RIGHTS

 

The situation in this respect continues to deteriorate.  The Executive continues to, utilize repressive legislation to quell any sort of dissent.  The rule of law is not observed : the  Police continue to adopt a partisan attitude and the  unjust laws are selectively applied.

 

The Police have continued to  disrupt assemblies and processions : they have done so by mounting  a very visible and threatening presence to intimidate the participants of the parade.   In  some instances  they have used  force to break up these processions  or assemblies, and in these  cases, almost invariably the force used is excessive and unwarranted.  This is clearly unnecessary and uncalled for in many instances where the demonstrations or assemblies are  peaceful.

 

The democratic space continues to be shut down by the Executive.  There is still no independent national television nor radio station ; there is no independent daily newspaper.  A public  which receives information from only one source or political party is denied the fundamental human right to receive information from various divergent sources or political parties, and cannot make informed decisions.  As a further result of this lack of  information members of the same public are unable to impart proper information to others, and to ventilate their views fully.   This denial of a fundamental human right is inconsistent with a democratic society.

 

Journalists from the independent media continue to be prosecuted relentlessly, whilst those from the  government controlled press seem to be immune from prosecution.

 

Reports are  received of persons, especially white farmers being threatened and assaulted, and yet no action is taken against their  assailants.  Newspaper reports are received of those in power who utter threats against minority races, assault Police officers, and seemingly are involved in corrupt  activities, but no Police action is taken against them.   This  is detrimental to the rule of law.

 

WEAKENING JUDICIAL ACTIVISM FOR HUMAN RIGHTS

 

 

The perception amongst lawyers is that both the High Court and the Supreme Court no longer have a policy of judicial activism in respect of protecting and enhancing human rights.   To the contrary, it appears that human rights issues brought before the Courts are dismissed on technicalities or points in limine , without the necessity of determining the issues on the merits.

 

The Government carried out an exercise dubbed “Operation Murambatsvinaâ€? : this operation was widely condemned, both within Zimbabwe (by the Law Society of Zimbabwe and other bodies) and beyond our borders.  It was deeply disturbing to note that  the judiciary failed to protect the weaker members of our society against the might of the State machinery, for abuses which, clearly  in my view, were flagrant violation of the human rights of those who had their homes razed to the ground and those vendors who had their property confiscated.  It cannot be emphasized enough that it is an independent and strong judiciary which protects the ordinary citizen from the excesses of a powerful Executive and a Legislature where the opposition parties can only make token and ineffectual challenges to the Government.

 

CONSTITUTION OF ZIMBABWE AMENDMENT ACT (NO. 17) 2005

 

 

The Constitution of Zimbabwe Amendment Act (No 17) 2005, was passed in September 2005 despite opposition  from many quarters,  including the Law  Society of Zimbabwe.  The amendment merited opposition because it breached certain human rights , including the right to property, right of assembly, the right to freedom of information, the right of movement.   It was certainly amazing that the Legislature made the constitutional amendments  which violated fundamental human rights.  The most unfortunate aspect of  the amendment was the portion which  ousted the jurisdiction of the courts in respect of land claims, whether they were pending or not, and allowed the government to acquire land by, in essence, proclamation.  The judiciary was silent in the face of such an attack on its independence.

 

This constitutional amendment is the most heinous and frightening piece of legislation passed since independence because it is an amendment of our constitution, which is the foundation of our laws, and it ousts the jurisdiction of the courts.

 

 

AMENDMENT TO THE CRIMINAL  PROCEDURE AND EVIDENCE ACT

 

 

The amendment to the Criminal Procedure and Evidence Act which created non bailable offences for certain period of time is another piece of legislation which undermines the independence of the judiciary and arrogates to the Executive untrammelled power.  It is this attitude which has led to a culture of impunity becoming entrenched within the Executive.

 

2005 ELECTIONS

 

The Law society of Zimbabwe was invited  to observe the Parliamentary elections held in March 2005 by the Ministry of Justice, Legal and Parliamentary  Affairs.   Whilst the elections themselves were on the face of it peaceful and fair, it was my opinion that the situation in Zimbabwe immediately preceding the elections and also during the elections themselves, was not normal, nor was it conducive to free and fair elections.   This is basically because of repressive legislation such as the Public Order and Security Act, the Access to Information and Protection  Privacy Act and the Broadcasting Services Act : these acts  severely curtail the rights of Zimbabweans to enjoy fundamental human rights such as the right of assembly, and the right of freedom of expression.

 

The Law Society of Zimbabwe issued a statement prior to the elections, and it criticized the  conditions under which the elections were to be held for the reasons set out above.  It was discouraging to note that  during the recent election petitions heard at the High Court, judges  did find that undemocratic practices such as violence, threats, withholding of food were still being used (especially in rural constituencies) to influence voters.

 

ADMINISTRATIVE INEFFICIENCY

 

DELAYS IN SERVING PROCESS, DELAYS IN ENFORCEMENT OF COURT ORDERS AND HANDING DOWN OF JUDGEENTS

 

It appears that delays in processing court matters, service of process and enforcement of court orders are now  a part of  the system of the administration of  justice, and this is something  which we should resist and consistently attempt to rectify .

 

There are difficulties in getting matters set down in both the High Court and the magistrates court, regardless of whether the matter s a civil  or a criminal matter.  Urgent matters are not dealt with on an urgent basis.   To compound an already unsatisfactory  situations, even where  a date of hearing  is secured, there are many instances where the presiding officers  are late in commencing the proceedings, and in some instances, they do not turn up at all.   This is not to say that our members are entirely blameless as we also exacerbate  the situation by being late or seeking postponements at the eleventh hour, after the judicial officers have perused volumes of documents.

 

The situation regarding the handing down of judges has deteriorated further.   There are  delays in handing down many judgements.  This is highly prejudicial in our present economic climate where any delay results in a decline in the value of a judgement sounding in money.   In matters which are urgent or involve the liberty  of an individual, the delays result in prejudice which is irreparable.  It is shocking to see that rulings in bail applications are in many instances reserved for long periods, say one week up to two months , thereby depriving an individual of his liberty.   The Law Society of Zimbabwe has liaised with both the Judge President and the Chief Justice who have promised to assist, but regrettably the situation has not improved at all, and in fact continues to deteriorate.

 

Whilst there have been delays in the service of process, there has been some improvement.   However the fuel shortages has created difficulties for the messenger of court and deputy sheriffs in serving process.

 

The failure by prison authorities to bring prisoners to court is an untenable situation : these shortcomings were initially visited upon the  decrepit  nature of trucks, but recently it has been blamed on the fuel shortage.  Whatever the reason, there is no basis upon which the Executive can detain people and fail to bring them to court, especially when senior members of Prisons Department continue to drive their motor vehicles without any apparent shortage of fuel.

 

INADEQUATE RESOURCES

 

The administration of justice continues to suffer because  of inadequate resources.   The problem of inadequately or poorly furnished courtrooms which have defective, or no recording, devices is still prevalent.   There are avoidable delays in transcribing records of appeal simply because there  is insufficient staff to do the typing, or there are no photocopying machines.

 

Officers involved in the administration of justice continue to leave the service basically because of inadequate salaries and difficult working conditions.

 

Organizations  such as International Monetary Fund and the World Bank have pointed out that  our economy is shrinking and it is clear to everybody that  poverty pervades the whole of Zimbabwe.  This leads to a invidious situation where people are forced  by their economic straits to commit crimes or unlawful acts, and they are the ones who most require the services of a lawyer and  precisely because of their economic situation they cannot afford a lawyer.   Whilst lawyers have made sacrifices and shown a most admirable spirit of selfness by providing services for pro deo and in forma pauperis matters, this is inadequate.

 

I repeat again that a legal aid program is a necessity.  Legal aid societies have become attractive to members of the public, but the Law Society of Zimbabwe has made it quite clear that  at this stage it will not associate itself with any legal aid society until the whole concept is properly examined, and most importantly, it is regulated.   Legal aid societies seem to be working quite successfully in other jurisdictions, and at the present moment the Law Society of Zimbabwe is examining these models, and the Namibian one seems to be an excellent one to emulate, if possible.  However until such time as more members of the public are able to access lawyers, it is necessary for lawyers to make further sacrifices, and to assist without remuneration, those members of our society who are indigent.

 

It was therefore pleasing to note that the Non-Governmental Organisations Bill was not signed by the President as it would  have increased the difficulties the poorer members of society already have.

 

TARIFFS

 

I am pleased to report that the  High Court tariff has finally been brought more in line with the economic realities of Zimbabwe.   The magistrates tariff has also been amended.  The representative from the Ministry of Justice or the Law Society of Zimbabwe Council have been of great help, and so has been Mr Mangota, the permanent secretary, and their assistance is greatly appreciated.

 

Our attorney and client charges are realistic in this hyper-inflationary environment, but the economy has made it extremely difficult for lawyers to manage  the ever burgeoning expenses of running legal practices against charging high fees in a situation where the economy has been virtually a cash based one.

Nevertheless the tariffs have been reviewed regularly because of our economic environment.

 

The conveyancing tariff needs revision as it is unrealistic and this is a m ate which is being attended to.   I must mention again with thanks the lawyers who have provided assistance in dealing with tariffs, and  this includes W. Willsmer, A. Rosettenstein , T. F. Tanser, V. Mudiwa, J. B. Meyburgh. H. M. Kantor, P. J. Moor, M. Stonier, M. L. Coyne, L. A. Donelly,  R. D. Franks, D. W. Ross, B. J. Symeonuglou , V. Nyangula and John Newham.   Councilor Mhishi again has made a  stirling contribution in this connection, and Council thanks him for his tireless work.

 

Council met the Minister of Justice, Legal and Parliamentary Affairs on the 17th October 2005 and four senior legal practitioners from Harare, who deal with conveyancing also attended the meeting.  There was a  legitimate concern  about the form of the new deed of transfer.  The Minister was most receptive  of our concerns, and it has been agreed to consult and to postpone for some time the operation of the new form of the deed of transfer.     

 

INTERNATIONAL CONFERENCES

 

Councillors continue to attend international conferences.  James Mutizwa, Josephat Tshuma, Tinoziva Bere and I attended  two workshops sponsored by the Canadian Bar Association : the first one was  held at Entebbe, Uganda and the second one in Addis Abbaba in Ethiopia.  I believe that our delegation acquitted itself quite well at these two workshops as it appears that our  law society has something to offer other law societies , and we of course learnt a great deal from the others.   In Ethiopia, all the law societies and bar associations which attended the workshop signed a resolution condemning the recent Constitutional Amendment Bill which is now an Act.

 

The Law Society of Zimbabwe was well represented at the SADC Lawyers conference held  in Namibia.  The Zimbabwe Lawyers for Human Rights made an excellent presentation at the conference on Operation Murambatsvina.

 

Sternford Moyo continues to be vice-president of the SADC Lawyers association, and he performs his leadership role in an excellent manner.   Sternford Moyo is still the deputy secretary general for the International  Bar Association in the Southern African region.   Council is very proud of Sternford Moyo and his commitment to the administration  of justice.

 

The Law Society of Zimbabwe was represented at the Commonwealth Lawyers Association conference held in September 2005 in London and it was also represented at the International Bar Association annual conference which was held in Prague, Czech  Republic.  At the International Bar Association conference a resolution was passed which amongst other things supported the rule  of law, the independence of the judiciary and a strong bar on law society.

 

It is clear from these conferences that there is a sustained global assault upon human rights and it is necessary for lawyers to speak with one voice, and defend the core values of the  legal profession.  We continue to create new ties with other lawyers, and strengthen old ones.  It is desirable, in fact necessary, for us to continue to  maintain our ties with the  international community of lawyers, and to make lawyers worldwide constantly aware  of our position.

 

The Peter Grube Foundation Prize money has been exhausted, and it is necessary for us to have means to fund ourselves, other than relying on donors, who have been generous and kind, and whose efforts are very well appreciated.   In this regard  I  refer especially to the Canadian Bar Association and the International Bar Association.

 

Special mention must also be made of the assistance we have received from the Zimbabwe Lawyers for Human Rights.  In February 2005, I was invited by the Law Society of Devon and Exeter to attend their annual dinner.  It was a wonderful occasion, and we will shortly (by the 28th November 2005), receive  a shipment of over 800 books from the Law Society of Devon and Exeter.  There are other areas of collaboration in which we wish to work with the Law Society of Devon and Exeter.

 

TRIAL OBSERVATIONS

 

Trial observations continue, and for this we must be especially grateful to the International Bar Association for sending lawyers and retired judges to come to Zimbabwe to observe trials.   Members who have trials which require observation by independent legal observers should notify the Secretary of the Law Society of Zimbabwe.

 

ELECTRONIC LIBRARY

 

Our electronic library continues to develop and this is due especially to the excellent partnership we still have with the International Bar Association : this is augmented by the materials brought back by delegates who attend conferences on behalf of the Law Society.   Councillor Tinoziva Bere is working on a project which will greatly enhance the capacity of our electronic library.

 

CONTINUING LEGAL EDUCATION

 

Our continuing legal education program is I believe a success.  Councilor Bere and his committee, the former secretary, and the acting secretary of the Law Society of Zimbabwe have made invaluable contributions in making our  workshops a success.   The Zimbabwe Lawyers for Human Rights have played a magnificent role in organizing these conferences in partnership  with  the Law Society of Zimbabwe : their contribution has been immeasurable.  A symposium on the  state of administration  of justice in SADC is (at the time of writing this report) due to be held on the 28th and 29th  October 2005, and this is being  done in collaboration with the Zimbabwe Lawyers for Human Rights and SADC Lawyers Association.

 

The Canadian Bar Association  has donated generously towards our continuing legal education program, and my thanks are extended to it.

 

The issue of the former Great Zimbabwe University students has not been satisfactorily resolved.   The Law Faculty of the University of Zimbabwe has accepted these former students of Great Zimbabwe University , but it is still to be seen whether the  quality  of education offered to such a large group of students has not been adversely affected simply because of the  small amount of resources being utilized by a huge group of students.

 

The Midlands State University  intends to establish a Law Faculty, and Midlands State University has been in liason with the Law Society of Zimbabwe about this, and  I also understand that they have  also been in communication with the  Council for Legal Education.

 

SECRETARIAT

 

Olivia Zulu resigned as the Secretary of the Society in  March 2005.   It was a rather difficult time as the country was preparing for elections.   We thank Olivia for her work and wish her well in her new  job.

 

Arnold Tsunga, who is the Executive Director of Zimbabwe Lawyers for Human Rights, is now the acting secretary for the Law Society of Zimbabwe.  It is principally  through him, and Nokuthula Moyo, who is Chairperson of the Zimbabwe Lawyers for Human Rights that we have created a mutually beneficial and strong partnership  with the Zimbabwe Lawyers for Human Rights.   Arnold’s commitment to human rights and his  tireless efforts for both the Law Society of Zimbabwe and the Zimbabwe Lawyers for Human Rights  are appreciated.    Virgina Sithole has been appointed  Deputy Secretary of the Law Society  of Zimbabwe : she  is a very experienced and capable lawyer , who will complement the acting secretary’s work especially in respect of the regulatory work of the Law Society of Zimbabwe.

 

The Law Society of Zimbabwe has tried to remunerate the members of staff in a manner which reflects our appreciation of the hard work and competence they evince.

 

COMPENSATION FUND

 

The compensation fund has  continued to grow, but because of the hyper-inflationary environment we are in, the Law Society of Zimbabwe has to be  wary of the dangers posed by potential claims which may be massive.  The compensation fund has been insured.  I  believe that it  is really necessary for all firms which hold trust funds to have fidelity insurance.

 

The trustees, namely Davison Moses Foroma, who is Chairman, Virginia Mudimu and Raphael Costa, still continue to do a stirling  job in managing the compensation fund.  The trustees do not receive any payment at all, for carrying  out their duties, they do so as great personal expense and sacrifice, and it is important that the Law Society of Zimbabwe expresses its appreciation for the trustees, as I do now.

 

Complaints were received.  There has been a reduction in the number of claims against the   Compensation Fund, and the trend of  a reduction in the cases of indiscipline in comparison to previous years continues.    This may be commendable.   Two legal practitioners were referred to the Legal Practitioners Disciplinary Tribunal.   We are now embarking on an exercise to  streamline our disciplinary procedures.

 

110 complaints were received against legal practitioners.   A large proportion of the complaints  made against lawyers relate to a failure to reply to correspondence, and  also to alleged  overcharging by lawyers.  For the purposes of transparency and certainty, I believe that lawyers should be obliged right from the outset , to set out in writing, their charge out rate to clients.

TRUST FUNDS

 

The upheaval  in the financial sector has affected lawyers, clients, business and the public general.   Lawyers  it appears, have  now learnt that they have to be extremely cautious where they deposit trust funds and their own funds.

 

SUMMER SCHOOL

 

Our school has not taken place as yet, and this year, our annual general meeting will be held during our  summer school.  Tino Bere and his committee have worked tirelessly to make the summer school a success, just as they did with the 2004 summer school.  We received assistance from the International Bar association to meet the expenses of bringing in some of our speakers, and this assistance is appreciated.   Amongst the speakers at the Summer school will be the Governor  of the Reserve Bank of Zimbabwe, Mr Gono, and the Attorney – General, Mr Gula-Ndebele.

 

BUDGETING

 

I have referred to the issue of hyper-inflation ad nauseam in my report, and it is a matter which impacts directly upon budgeting.  It makes budgeting very difficult.

 

During this year, the Law Society of Zimbabwe has  so far managed to keep within the budget, despite an unexpected massive leap in inflation in the last 4 or 5 months.   This is due in no small measure to the efforts of our finance committee, which is chaired by James Mutizwa, the vice president of the Law Society of Zimbabwe.

 

It is crucial that the Law Society of Zimbabwe is independent and  efficient, and in order to remain so, it must be able to attract and retain competent staff who must be well remunerated ; it is also necessary that the Law Society of Zimbabwe is not dependent on others to survive.  Accordingly you are asked to support the budget, which you have received for consideration, from the Secretary.

 

FINANCES

 

The Law Society of Zimbabwe has continued to produce clean audit  sheets, and this one is the fourth in a row, and for this we must appreciate and thank Noreen Joe, our administrator / accountant for her efforts.

 

CONSTITUTIONAL CHALLENGES

 

Our Human  Rights committee chaired  by Josephat Tshuma has done a wonderful job in identifying and where necessary, challenging legislation which we believe is unconstitutional and violates human  rights.

 

Law Society of Zimbabwe  has already  instituted proceedings in the Supreme Court to challenge the Bank Use and Suppression of Money Laundering Act.

 

There are presently ongoing discussions between Sternford Moyo, who is representing  the Law Society of Zimbabwe in this matter and Reserve Bank of Zimbabwe to either settle the issue, or set it down for hearing.  Sternford’s application to these constitutional challenges must be recognized, and due credit given to him.

 

We have already instructed lawyers to challenge the  recent amendment to the Criminal Procedure and Amendment Act (Number 14 of 2004) which  rendered certain offences non bailable for a certain period of time.   This legislation is clearly unconstitutional as it destroys the presumption of innocence and violates in individual’s right to freedom.

 

There are pieces of legislation which the Human Rights Committee has identified, and which we intend to challenge.  It is necessary to have sufficient financial resources to make such challenges, as they are costly.   It was therefore pleasing to note that the Southern African  Litigation Centre was officially opened in June 2005,in Johannesburg , South Africa.   This is a project initiated by and sponsored  by the International Bar Association and Osisa.   It is a most necessary and welcome institution which will assist lawyers and law societies to challenge legislation which is unconstitutional and infringes upon human rights and we believe that the Law Society of Zimbabwe will benefit from the establishment of this regional litigation centre.

 

The Legal Resources Foundation filed an application to challenge the conditions of Police holding cells, and this challenge was, in the main,  successful, and the Legal Resources Foundation must be commended for taking action on a matter which I am sure concerned all lawyers : Police cells are filthy and not habitable  at all.

 

Conditions in prisons are marginally better.  Although  the prisons are clean, they are overcrowded.  It is inhumane to detain people, whether they are convicted or remand prisoners, in conditions where they have insufficient food : it is  unacceptable where prisoners have to depend on relatives to supplement their diet, and prisoners can only flush a toilet once during the day, and it is equally reprehensible for the authorities  to fail to provide warm clothing for prisoners during winter, or even uniforms at all.

 

I repeat again that  the time has come for lawyers to secure  court orders to ensure that the human rights of prisoners are protected.

 

It is pertinent to note that at this juncture that on Human Rights Day in December 2004, Law Society of Zimbabwe, like other national bar associations acting under the auspices of the SADC Lawyers Association, visited prisons in Bulawayo, Mutare and Harare.  A report was compiled and  it was presented at the Sadc Lawyers Association conference held in Windhoek.  I must extend my thanks to Mr Mangota, the Permanent Secretary of the Ministry of Justice for facilitating our visits to the  various prisons.  It  was clear from our visits to the prisons that much needs to be done to improve the lot of prisoners, especially the  juveniles and the  female prisoners.

 

 

DEPUTY SHERIFF AND MESSENGER OF COURT

 

As stated before, it appears that the service of process has improved, notwithstanding the fuel crisis, but there certainly could be further improvement.

 

Martin Makonese did attend the Annual General Meeting of the Association of Deputy Sheriffs and Messengers of Court : the issues which he raised before  at the annual general meeting, namely delays in remitting payments, defective returns, incorrect calculations, commission and overcharging are matters still to be resolved.

 

COUNCIL FOR LEGAL EDUCATION

 

We appreciate  the excellent work which the Council for Legal Education, under the leadership of Justice Makarau, continues to  do.   The Judicial College has continued to prove excellent secretarial  services to the Council for Legal Education.

 

COUNCIL AND COUNCIL MEETINGS

 

Councillors continue to  devote a large proportion of their time and personal resources  for the benefit of the Law Society of Zimbabwe.  They have raised  the profile of the Society both in Zimbabwe  and  outside our borders : they have represented the Society at various conferences and on various bodies and after attending conferences, they have made reports and shared the experiences and knowledge they have gained, and they have made available to the Society for use by our members,  the conference material  they obtained.   Councilors do not receive payment for their services.  Council , through Councillors has made representations to Parliamentary  select committees on such matters as the budget, the Eduction Amendment Bill  and the Cosntitutional Amendment (No 17) Bill, but the authorities pay very little heed to Council’s views.  We live in difficult times, when views are polarised, but notwithstanding  the fact that Councillors have different opinions on many issues, including politics, they are all united in defending and promoting the core values of the profession, especially the protection of human rights, an independent judiciary and a strong and independent law society.

 

This year we held two sessions to finalise our strategic  planning document, which I am pleased to inform you has been  completed.   I must thank IBA for the  funds which were provided for this project.   The Council members, but  especially Tino Bere, Martin Makonese, Colin Kuhuni and the acting secretary, Arnold Tsunga, are to be commended for the excellent work they did in finalizing this document.

 

Our Councillors continue to distinguish themselves.  Josephat Tshuma was the Zimbabwe Human Rights Lawyer of the year  for Zimbabwe Lawyers for Human Rights.  Beatrice  Mtetwa is to be awarded the prestigious  Press Freedom Award in New York on the 22nd November 2005 by the Committee for the Protection of Journalists.  The Law Society of Zimbabwe is proud of such Councillors who show an unremitting commitment to upholding human rights.

 

Lloyd Mhishi has published  a book, A Guide to the Law and Practice of Conveyancing  in Zimbabwe.   The publication of such a book by a Councillor only serves to enhance the Council.

 

SUPPORT FROM OTHER ORGANISATIONS

 

The Society has continued to receive a great deal of support not only from its members, but from other  organizations.

 

The  Society has continued to enjoy the support of the Canadian Bar Association, International Bar Association, Commonwealth Lawyers Association , East African Lawyers Association ; we have continued to receive support from, and collaborate with, various bodies formed by the Society’s members, such as the Zimbabwe Women Lawyers Association and Legal Resources Foundation.

 

Special mention must be made of our association with the Zimbabwe Lawyers for Human Rights.  The Society has received tremendous  support from the Zimbabwe Lawyers for Human Rights and for this we are especially grateful.   Arnold Tsunga, who is the Executive Director of the Zimbabwe  Lawyers for Human Rights has done a marvelous job as acting secretary with the Law Society of Zimbabwe.

 

The Law Society of Zimbabwe  is a  member of the IBA, SADC Lawyers Association and Commonwealth Lawyers Association.

 

LEGAL PRCTITIONERS

 

(54) Fifty – four lawyers were registered in 2005.  We lost eight  members of our profession namely Charles T. Hikwa, Wlyfanos Madzivire, Zindoga Samushonga, Leo  T. Takawira, Noah Marechera, Frank Kaneunyenye, Feliz Muzawazi and Cosmas C. Ngwenya.  It is with deep regret that  we acknowledge the loss  of these members of our profession..

 

It was heartening to note  that the number  of legal practitioners who had failed to renew their practicing certificates had been reduced significantly, but the Law Society of Zimbabwe  would like us to attain a position whereby all our  members renew their practicing certificates timeously.   However the  improvement we had  this year in comparison to last year is noted, and I hope that  this positive trend continues.

 

 

 

_________________

J JAMES

 

19 October, 2005

 

 

 

 SCHEDULE

 

6 Council meetings were held.   The dates were as follows :-

 

  1. 24/01/05
  2. 25/04/05
  3. 13/06/05
  4. 22/08/05
  5. 17/10/05 and
  6. 10/11/05 (Troutbeck Inn)

 

The attendances on meetings by Councillors were as follows _;

 

NAME ATTENDANCE TOTAL ATTENDANCE

 

 

 

J.JAMES

6

6

J. P. MUTIZWA

6

6

T. BERE

6

6

B. MTETWA

1 apology

5

M. MAKONESE

6

6

C. KUHUNI

2 apologies

4

T. TSHUMA

6

6

L. M. MHISHI

6

6

P. DUBE

6

6

Dr E. SITHOLE

2 apologies

4

Ministry Representative

2 apologies

4

 

 



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