36 | Zimbabwe Rule of Law Journal
system in Zimbabwe. Its mandate is both regulatory and administrative, and is expected to promote
constitutionalism by being independent, impartial, accountable, and efficient as well as through its
capability to instill public confidence. These mandates are critical in view of the greatest danger faced
by contemporary African democracies, being the subsuming of judicial service commissions as arms
or extensions of the executive. This consequently translates to a reality where justice equates to the
wishes and whims of the executive, with for instance, the appointment of judges being based not
on merit but on political grounds of loyalty.3 Accordingly, one of the most problematic questions in
contemporary African judicial systems is how the JSC could effectively discharge its justice delivery and
administration mandate without political interference. This question is central to the major arguments
fostered in this paper.
Structurally, these arguments are presented in four layers of analysis. The first layer of analysis is
the applicable legal framework, including the 2013 Constitution, the Judicial Service Act, the Judicial
Service Regulations and the Judicial Service (Code of Ethics). This legal framework establishes the
JSC institutional system and illustrates its structure, mandate, powers and limitations. Within the
legal framework are different strands of inquiry that will be analysed such as composition of JSC,
judicial appointment, tenure of office, removal and resource availability among others. The second
level of inquiry is the contribution of the JSC to judicial independence. Measured against international
instruments and national legislation, there is need to assess how far the JSC has advanced the
principle of judicial independence, which is central to constitutionalism and judicial integrity. The third
component will be an assessment of the practical challenges faced by the JSC since its inception in
Zimbabwe. The final component suggests possible ways of alleviating some of the challenges, and a
statement of recommendations that can be adopted to enhance the capacity of the JSC to effectively
discharge its constitutional mandate.
3
J.B Diescho “The Paradigm of an Independent Judiciary: Its History, Implications and Limitations in Africa”, in N. Horn and
A Bosl (ed) “The Independence of the Judiciary in Namibia” (2008) Konrad Adenauer Foundation (Macmillan Educational
Namibia) 35.
Select target paragraph3
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