• NCA draft: No tax, duty or imposition may be imposed except under the authority of an Act of Parliament. • Law Society draft: No tax, duty or levy may be imposed except under specific authority of the constitution or an Act of Parliament. Must the Executive obey judicial decisions? • Present Constitution: Yes, though the Constitution does not say so expressly. Section 31H(2) requires the President to uphold the Constitution and ensure that all laws are faithfully executed; if he fails to do so the only sanction is impeachment, a political measure. Section 18(1a) requires all public officers to uphold the rule of law. • Kariba draft: Much the same as the present Constitution. • NCA draft: Yes. All organs of the State will have to ensure the effectiveness of the courts, and judicial decisions will bind organs of the State. • Law Society draft: The same as the NCA draft. Are judges appointed by an independent body? • Present Constitution: No. The President appoints judges after consultation with the Judicial Service Commission, which in any event is dominated by his appointees. • Kariba draft: The President will appoint the Chief Justice and his or her deputy after consultation with the Judicial Service Commission, and other judges either with the approval of the Commission or from a list of names submitted by the Commission. Again, the Commission will be dominated by presidential appointees. • NCA draft: The Chief Justice and the Judge President will be appointed by the President from a list of nominees submitted by the Judicial Services Commission; other judges will be appointed by the President on the recommendation of the Commission. All these appointments will be subject to approval by the Senate. The Commission’s membership will be drawn from a variety of sources. • Law Society draft: Very much the same as the NCA draft. A majority of members of the Judicial Services Commission will be elected by the legal profession. Is judicial independence guaranteed? • Present Constitution: Yes, expressly by section 79B and indirectly by ensuring that judges can be removed from office only on limited grounds and after a proper investigation, and by stating that their remuneration cannot be reduced while they are in office. • Kariba draft: Very much the same as the present Constitution, though gross incompetence is an additional ground for removing judges from office. • NCA draft: Again, much the same as the present Constitution. Gross incompetence is an additional ground for removing judges, and the procedure for doing so is not specified. • Law Society draft: Also much the same as the present Constitution, though again gross incompetence is an additional ground for removing judges (is some message being sent to our current judges?). As in the NCA draft, the precise procedure for removing judges is not specified, though it must be “fair”. 33

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