DEPUTY Chief Justice Luke Malaba has castigated lawyers for presenting badly prepared appeals for determination at the Supreme Court and warned this would not be tolerated. Report by Charles Laiton, Senior Court Reporter
Justice Malaba made the remarks on Tuesday while sitting as an appeal court judge alongside Justices Paddington Garwe and Vernanda Ziyambi, where two matters were postponed indefinitely as a result of incomplete court records and improperly filed papers.
The cases included that of Wellington Chibhebhe versus National Social Security Authority who were represented by Alec Muchadehama and Advocate Firoz Girach respectively and the other between The Trustees of Leopold Chiweshe Home Zimbabwe versus Robert Chote and seven others represented by Advocates Thembinkosi Magwaliba and Thabani Mpofu respectively.
Justice Malaba ordered advocates to urge their instructing practitioners to follow court rules or risk being whipped on behalf of their clients.
“Simply tell them that you will not risk getting the embarrassment of being whipped because we will definitely whip you. We are the Supreme Court of the land, therefore, we cannot be seen to be entertaining postponements as a result of lawyers who fail to properly do their work,” the judge said.
Commenting on one of the postponed matters, Justice Malaba said: “The record is in shambles. We have read it and we cannot pretend as if everything is OK. When the matters come here they must be ready to be heard. Lawyers must make sure that everything is sorted out, outside this court.”
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He said a similar incident occurred on Monday where two matters failed to be heard, inconveniencing the smooth running of the court roll.