However, Section 6.2 (1)
also considers the president
to be part of the legislature.
Guaranteed independence of Section 8.3 directs that the This protects the judiciary from
each of the branches from the courts
must
operate interference by any of the other
independently
and
subject
to the two branches.
influence/control of the other
law only.
Section 8.19 provides that
the
president
appoints
judges from a list of
nominees submitted to him
by the Judiciary Services
Commission after the JSC
would
have
conducted
public interviews.
This reduces the chances of the
president appointing his loyalists
onto the bench and the aspect of
public interviews introduces
transparency in the process of
appointing judges.
Section 8.21 requires that
magistrates be appointed by
the JSC and “all the
appointments must be made
transparently and without
favour or prejudice”
Where the JSC is deemed to be
independent, then this reduces
the risk of having party loyalists
seated in court as magistrates.
There is no provision that
indicates how the Judiciary
Services Commission will be
appointed. Section 8.19 is vague
and at worst gives the president
the power to appoint the JSC on
his own.
This creates a risk of having the
current JSC continuing being in
office after this constitution and
the question is how much
confidence do Zimbabweans
have in the current JSC
Section 8.26 provides for the
removal of a judge from the
bench by the president following
recommendations by a tribunal
which the president chooses.
This
procedure
remains
vulnerable
to
political
manipulation and does not
guarantee security of tenure for
the members of the judiciary.
Furthermore, it creates the risk
of the president appointing his
loyalists into the JSC.
27
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