The Parliamentary Legal Committee (PLC) has cast a shadow over Zimbabwe’s US$3.8 million Integrated Electronic Case Management System (IECMS), expressing serious concerns about its potential impact on fairness and accessibility within the justice system.
Introduced in 2022, the IECMS aimed to streamline court proceedings by automating case management from filing to appeals. However, the PLC report released this week highlights several challenges that could leave many Zimbabweans struggling to access justice.
The report’s primary concern lies in the digital divide, where limited access to computers, internet, and technical skills could exclude a significant portion of the population. This raises concerns about violating constitutional rights to access justice, as many may simply be unable to navigate the online platform.
“Not everyone has a computer, reliable internet access, or the know-how to navigate the online platform. This, we argue, excludes a large portion of the population from accessing justice, potentially violating their constitutional rights,” the report read.
The IECMS’s use of English as its sole language disadvantages those who don’t speak it fluently. The report argues this infringes on the right to be heard in a language one understands, potentially hindering effective representation.
The report expresses alarm for self-represented individuals, particularly those seeking bail. Without the necessary technology and skills, they might struggle to participate in virtual hearings, jeopardizing their right to liberty and fair representation.
The ambitious six-month deadline for complete paperless courts is deemed unrealistic and exceeding legal authority. Additionally, the expanded powers bestowed upon the registrar under the new rules raise concerns about potential conflict with judges’ functions.
The PLC report underscores the need for a more inclusive approach to implementing the IECMS. Addressing the digital divide, incorporating multiple languages, providing adequate support for self-represented litigants, and ensuring transparency are crucial steps in ensuring equal access to justice for all Zimbabweans.
