Opening of the 2026 Legal Year

Opening of the 2026 Legal Year

Introduction

Zimbabwe’s justice delivery system continues to operate under pressure from limited resources, uneven access and the demands for reform.  Courts have been decentralised to bring justice closer to communities yet staffing levels remain critically low, leaving magistrates and judges overstretched.  Case backlogs reflect the strain on a system expected to serve over 16 million citizens.

Against this backdrop, Chief Justice Luke Malaba officially opened the 2026 legal year on Monday 12 January.  This annual event provides the Judiciary with an opportunity to articulate its vision for the administration of justice and to engage with stakeholders as the new year commences.  In his address the Chief Justice acknowledged both the resilience of the judiciary and the urgent need for reform, highlighting technology, performance management and institutional renewal as key pathways to strengthening public confidence in the courts.  The address can be accessed on the Veritas website [link].

The Theme for 2026

The theme for the 2026 Legal Year is: “Using Performance Management and Technology to Ensure Quality, Inclusive and Sustainable Judicial Service.”  The Chief Justice described this theme as a “bridge” between the Judiciary’s constitutionally based vision and its daily operational priorities.  He said that judicial trust must be translated into demonstrable performance – presumably meaning that judicial officers must earn the public’s trust through performing their duties competently and ethically.  He added that modern tools must be used ethically to uphold the rule of law.

The 2026–2030 Strategic Plan

The conclusion of the 2025 legal year marked the end of the Judicial Service Commission’s (JSC) 2021–2025 Strategic Plan, which focused on decentralisation of courts and digitisation of processes through the Integrated Electronic Case Management System (IECMS).  During the opening ceremony, the Chief Justice launched a new Strategic Plan for the period 2026–2030. This new roadmap, according to the Chief Justice, prioritises quality of adjudication and court administration, expanded access to justice and digital transformation, strengthening customary and local justice, and the welfare, wellness and security of judicial officers and staff.

Performance Management and Accountability

The Chief said the major focus for 2026 is the integration of the Integrated Results-Based Management (IRBM) system, linking planning, budgeting, and evaluation to clearly defined results.  This follows a 2025 monitoring exercise that revealed systemic shortcomings, including unreliable statistical reporting and thousands of dormant cases.  Under Practice Direction No. 1 of 2025 [link], the Judiciary dismissed 6,524 dormant matters in the High Court that had been abandoned by litigants or legal practitioners.  The Chief Justice stressed that while judicial independence remains inviolable under Section 164 of the Constitution, judicial officers must also be held accountable for administrative efficiency, including the timeliness of judgments.

Technology and Artificial Intelligence (AI)

The Judiciary, according to the Chief Justice, is now in “overdrive” regarding technology, with all superior courts operating paperless.  The IECMS continues to expand, with Phase 4.3 set to operationalise the system in magistrates’ courts in Mashonaland East and Manicaland.  Its rollout, however, has not been without challenges.  Many litigants and legal practitioners initially struggled with access due to limited digital infrastructure, connectivity issues, and the cost of adapting to new systems.  Training gaps for both judicial officers and court users slowed adoption, while rural courts faced particular difficulties in implementing the technology.

The JSC has begun using artificial intelligence for recording and transcribing court proceedings, and policies are being developed to regulate its further use and guard against risks such as algorithmic bias.  To support these reforms, the JSC is appointing a Deputy Secretary – ICT, Innovation and Corporate Services.

Infrastructure and Staffing Challenges

The Chief Justice noted that Zimbabwe’s judiciary is operating with only 80 judges and 250 magistrates to serve a population of over 16 million.  He said this was “untenable,” warning that decentralisation of courts has not been matched by adequate deployment of judicial officers and support staff.  Despite these staff shortages, he said, case backlogs have been largely contained, though at great strain to existing personnel.  He pointed out that staffing levels must increase dramatically to keep pace with the growing court network.

Significant infrastructure progress in 2025 included the commissioning of the Mutawatawa courthouse in April, progress on the Kwekwe court complex which will house the sixth seat of the High Court, and construction at Gwanda, Cowdray Park and Mabvuku-Tafara.

Court Performance in 2025

The superior courts performed well, the Chief Justice said, and the overall backlog of cases was reduced by 20 per cent – starting 2025 with 12 514 cases and closing with 10 045. On the other hand, the magistrates courts backlog in civil cases increased sharply from 863 to 6 174 cases.  This was attributed to a surge in summonses from local authorities and poor supervision in certain regions.

Losses to the Judiciary

The Chief Justice noted the passing of several distinguished judicial officers in 2025. These included Justice Felicia Chatukuta of the Supreme Court, Justice Mavis Gibson, Zimbabwe’s first black female High Court Judge, Justice Herbert Mandeya, retired Senior Judge of the Administrative Court, and Justice Moses Chinhengo, former High Court Judge who continued to serve as a judge in Botswana, Lesotho and Namibia after he left the Bench in Zimbabwe.  One very distinguished former judge whose passing the Chief Justice did not mention was Justice George Smith, who passed away on the 21st December after long and valued service in the highest levels of Government and on the Bench.

Retirement of the Chief Justice

In May 2026 Chief Justice Malaba turns 75, the constitutional retirement age for judges.  His impending departure adds weight to his remarks, as the judiciary prepares for leadership transition at a politically sensitive time.

Veritas Comments

Access to justice remains a concern.  Without increased staffing, decentralisation risks becoming symbolic rather than substantive, leaving citizens in newly established courts facing delays and overstretched services.  Digitisation may increase efficiency, but it requires sustained investment in infrastructure, training, and public awareness.  With looming constitutional debates, the judiciary’s role in safeguarding constitutionalism will be closely scrutinised. Performance management and transparency are critical to restoring trust in the courts, especially amid political and economic uncertainty.

The Chief Justice’s last opening speech is both a warning and a roadmap. It is a warning because the judiciary cannot continue to function effectively with such severe staffing shortages.  It is a roadmap because digitisation and performance management provide a path toward sustainable justice delivery.  For Parliament and Government, the Chief Justice’s message is clear:  invest in human resources for the judiciary, align decentralisation with staffing, and support digital reforms with adequate funding.  Without these, constitutional promises of access to justice will remain aspirational.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.