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Speech delivered by the Deputy Chief Justice, The Honourable Mr Justice L. Malaba at the opening of the 2012 legal year
Deputy Chief Justice L. Malaba
January 09, 2012

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On behalf of the Judiciary and the Judicial Service Commission, I welcome you to this ceremony to mark the official opening of 2012 Legal Year. Your presence here at a time when you could have been attending to other matters of immediate interest in your lives adds invaluable significance to the occasion and attests to the respect the judicial system enjoys in the country.

No country can prosper without peace and stability. A trusted and trustworthy system of the administration of justice in which people have confidence is an indispensable guarantee for peace and stability in any society governed by the rule of law.

The fact that the ceremony is graced by the presence of senior officials from the executive and legislative branches of government is a happy reminder to us that the three organs of State exist for the singular and common purpose of providing efficient, effective and expeditious service to the people in accordance with the requirements of the Constitution and the law. They therefore share with us a common vision of a good administration of justice based on high standards of professional conduct.

For the Judiciary to retain public confidence it must be a judiciary of its times. It must take account of the needs of the changing society within which it holds office. It must absorb the light from the society it serves whilst remaining strong, transparent and humble in its operations. The Judiciary has occasionally to account to the people by giving information on changes that have taken place in the administration of justice, highlighting the problems encountered in the past year and suggesting solutions for them.

Motivating us is the desire to make the judicial system work in the way it is intended to work to deliver justice at the lowest cost possible and within the shortest time possible. We cannot achieve this noble objective by words. Whilst we may need time and freshness of mind to reflect on issues, there is need for the judiciary and the legal profession to demonstrate commitment to making the system work in an effective and efficient manner.

This time gives the judiciary and the legal profession as the bodies entrusted by society with the responsibility of using the methods and procedures prescribed for the sole purpose of the delivery of prompt justice, the opportunity to re-affirm our commitment to the basic principles on which the administration of justice is founded and start the new legal year with a greater readiness to serve the people with the humility and fortitude expected of us under the law.

The Judicial Service Commission gained control of the budget for the Judicial Service in January 2011. There has been a marked improvement in the funding of court operations. Prioritization of the funding of court operations under the budget during the past year saw improved provision of stationery and office furniture to the courts. Circuit Magistrates Courts which had closed due to financial constraints have re-opened. The Judicial Service Commission could have wished for a more generous financial background against which to commence its statutory responsibility and chart the course for the new unified organization. It, however, has had to discharge its duties on a restrained budget.

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