The nexus between legal records and human rights in the justice delivery system

Abstract

This paper discusses the relationship between good record keeping and its impact on the delivery of justice and human rights in the Bulawayo Magistrates’ Courts. It defines the concepts of court records management and justice delivery, and explores the link between records management and the discharge of justice. The study was conceived against a background of poor record keeping and management in the judiciary. The law (Criminal Procedures Act and the Constitution of Zimbabwe) states that an accused person must be tried within a reasonable time period and yet this has not been achieved in some cases. A survey research design was used on a purposively selected sample of 30 participants employed in various sections of the court that completed the questionnaires and were interviewed. The findings indicate that the Bulawayo Magistrates’ Court uses a range of records to administer justice, which are necessary for upholding individual rights. In some situations citizens have been denied the right to fair trial, right to entitlement, right to freedom of movement, right to association and as a result of missing or incomplete records individuals have been detained for long periods without trial. To achieve justice in line with the United Nations Millennium Development Goals (UN MDGs) magistrates’ courts need to have in place professional recordkeeping systems, improve on the security of court records, employ professionally qualified records managers and embark on aggressive fundraising activities in order to obtain adequate funding to upgrade record storage, cater for environmental threats to records, and replenish record keeping resources among other issues.