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MONDAY, JANUARY 7, 1985
IN THE HIGH COURT THERE WAS A DECLINE OF NEARLY 30 PER CENT IN THE TOTAL NUMBER OF NEW CIVIL PROCEEDINGS COMMENCED. THIS COULD BE ATTRIBUTED MAINLY TO THE RAISING OF THE MONETARY LIMITS OF JURISDICTION BY THE DISTRICT COURT.
ALTHOUGH THE NUMBER OF CRIMINAL CASES IN THE DISTRICT COURT DECLINED FROM 1 277 TO 1 233, ITS CIVIL CASES WENT UP BY 29 PER CENT TO ABOUT 66 000.
HE SAID, + IN SPITE OF THIS, AND OF THE FREQUENT APPOINTMENTS OF DISTRICT JUDGES TO SIT AS DEPUTY HIGH COURT JUDGES, THE DELAYS IN DISTRICT COURT LISTS REMAINED WITHIN REASONABLE LIMITS, BEING LESS THAN THREE MONTHS FOR BOTH CRIMINAL AND CIVIL MATTERS.+
THE TOTAL NUMBER OF CASES DEALT WITH IN THE MAGISTRACIES DECLINED FROM OVER 1 000 000 TO UNDER 900 000.
+HOWEVER, HE SAID, THERE WAS A SUBSTANTIAL INCREASE OF 11 PER CENT, TO 163 000, IN THE NUMBER OF CHARGE SHEETS ISSUED. THESE CONTAIN THE MORE SERIOUS CASES, WHICH OCCUPY MOST OF THE TIME OF SUCH COURTS.+
TURNING TO THE FUTURE NEEDS OF THE JUDICIARY, THE CHIEF JUSTICE SAID THERE WAS A NEED FOR MORE HIGH COURT JUDGES.
HE SAID, IN ORDER TO ENSURE THAT CASES COME TO TRIAL SWIFTLY, IT HAS BECOME NECESSARY TO RUN 26 HIGH COURT LISTS, 12 CIVIL AND 14 CRIMINAL. SINCE THE ESTABLISHMENT OF HIGH COURT JUDGES IS 20, HAVE BEEN OBLIGED TO APPOINT THROUGHOUT THE PAST YEAR BETWEEN SIX AND 10 DEPUTY HIGH COURT JUDGES.
*THIS EXPEDIENT DRAWS AWAY THE MOST EXPERIENCED JUDGES FROM THE DISTRICT COURT. TO REPLACE THEM, MAGISTRATES HAVE TO BE APPOINTED TO SIT IN THE DISTRICT COURT, WITH AN ADVERSE EFFECT ON THE STATE OF THE LISTS IN MAGISTRACIES, WHERE THE WAITING TIME IS NOW LONGER THAN IT HAS BEEN FOR THE PAST TWO YEARS.
WE
+NOR SHOULD WE LOSE SIGHT OF THE DISPLEASURE OF DEFENDANTS AND LITIGANTS, WHO REGARD THEIR CASES AS OF SUFFICIENT IMPORTANCE TO JUSTIFY A SUBSTANTIVE JUDGE AND WHO ARE NOT CONTENT WITH A DEPUTY.
+SO LONG AS THE EXISTING JURISDICTIONS OF THE VARIOUS COURTS REMAIN UNCHANGED, THE NUMBER OF HIGH COURT JUDGES MUST BE INCREASED IN STEP WITH THE HEAVIER WORK LOAD, UNLESS TRIALS ARE TO BE DELAYED BEYOND ACCEPTABLE LIMITS, SIR DENYS SAID.
+ IF. AS MAY BE THE CASE, THE RESOURCES AVAILABLE TO THE GOVERNMENT ARE INSUFFICIENT TO PROVIDE THE HIGH COURT WITH THE RESOURCES WHICH IT NEEDS, CONSIDERATION MAY HAVE TO BE GIVEN TO ENHANCING THE JURISDICTION OF DISTRICT JUDGES AND PERHAPS OF MAGISTRATES.
/+IN THE .