constituteproject.org PDF generated: 26 Sep 2013, 21:48 164 Independence of judiciary (1) The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice. (2) The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore-(a) neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts; (b) the State, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness and to ensure that they comply with the principles set out in section 165. (3) An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them. (4) Nothing in this section is to be construed as preventing an Act of Parliament from vesting functions other than adjudicating functions in a member of the judiciary, provided that the exercise of those functions does not compromise the independence of the judicial officer concerned in the performance of his or her judicial functions and does not compromise the independence of the judiciary in general. 165 Principles guiding judiciary (1) In exercising judicial authority, members of the judiciary must be guided by the following principles-(a) justice must be done to all, irrespective of status; (b) justice must not be delayed, and to that end members of the judiciary must perform their judicial duties efficiently and with reasonable promptness; (c) the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law. (2) Members of the judiciary, individually and collectively, must respect and honour their judicial office as a public trust and must strive to enhance their independence in order to maintain public confidence in the judicial system. (3) When making a judicial decision, a member of the judiciary must make it freely and without interference or undue influence. (4) Members of the judiciary must not-(a) engage in any political activities; (b) hold office in or be members of any political organisation; (c) solicit funds for or contribute towards any political organisation; or (d) attend political meetings. Zimbabwe 2013 Page 71