HARARE – A Zimbabwean woman has filed a lawsuit against the Judicial Service Commission (JSC) challenging its decision to mandate the exclusive use of the Integrated Electronic Case Management System (IECMS) in the country’s superior courts.
According to Zimbabwe Lawyers for Human Rights, at the Harare High Court, the woman argues that the requirement to use IECMS for court filings and hearings infringes upon fundamental constitutional rights, including the right to a fair hearing and the right to access justice.
Represented by Shadreck Masike of Shomwe and Partners Attorneys and supported by Zimbabwe Lawyers for Human Rights, the woman contends that the JSC’s policy discriminates based on class and social or economic status. She initiated legal action after she was unable to file for a divorce decree at the Harare High Court. The Registrar informed her that physical filings are no longer accepted and all proceedings must now take place on the IECMS platform.
The IECMS platform requires users to have compatible electronic devices and steady internet connectivity, conditions which the woman argues are prohibitive for her and others in similar situations. During a visit to the High Court to seek assistance, she encountered a crowd waiting for help, including legal practitioners who were given precedence, leading her to leave without filing her summons.
In her legal filing, the woman asserts that the mandatory use of IECMS violates multiple sections of the Zimbabwean Constitution, including those guaranteeing the right to a fair hearing, access to justice, and equal protection under the law. She further claims that a virtual court session does not qualify as a public trial or hearing, thereby contravening the Constitution.
Named as respondents in the case are the Minister for Justice, Legal and Parliamentary Affairs, Hon. Ziyambi Ziyambi, and the JSC. The plaintiff is seeking a High Court order to reinstate the option of traditional physical filing and hearings alongside the IECMS platform. She also calls for the court to declare the exclusive use of the electronic system in superior courts as unconstitutional.