Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 152101,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/152101/?format=api",
    "text_counter": 359,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "they came out with two very important amendments. One is on the actual management of court cases. Normally, particularly under the common law jurisdiction, a judge is a neutral observer, and the two contestants in a civil case are adversaries; the judge just sits there. This, to some extent, explains why there have been a number of delays in the hearing of cases. It also explains why there are so many adjournments in some of the civil cases; these adjournments also lead to delays in the hearing of cases. So, management of cases becomes important. What has happened in other countries is that judges have now begun to be proactive in the management of cases. That is why the paramount principle set out at page 203, the overriding objective of the Act – here I am talking about the Appellate Jurisdiction Act and the rules made thereunder - is to facilitate the just, expeditious, proportionate and affordable resolution of appeals under this Act. The amendments under the Civil Procedure Act impose an obligation, not just on the court itself, but also on the advocates appearing. They will now be obligated--- They have a statutory duty to ensure that a case proceeds according to the time table that will have been laid down. They will have a duty and if they do not do execute, they will be in breach of it. The other major amendment is on the introduction of mediation. This House kindly passed the Arbitration Bill last week. As I explained then, an arbitrator is more or less like a judge who hears a dispute and determines it. But under mediation, the procedure is different. The procedure is that the mediator tries to mediate between the two parties, and it is only when the two parties agree by themselves that an agreement is recorded. As I explained last week, most of the courts in Europe and elsewhere demand that before the hearing of the case, the parties should have undergone a mediation process. This is what is now going on in countries such as South Africa, Nigeria, Rwanda, India, Canada, Australia, New Zealand, United States of America and United Kingdom, to name but a few."
}