Zimbabwe Rule of Law Journal |41 it is essential that there should be an independent judiciary to scrutinise the actions of government and ensure they are lawful.18 Even the Bangalore Principles of Judicial Conduct states in its preamble that a competent, independent and impartial judiciary is essential if the courts are to fulfill their role in upholding constitutionalism and the rule of law.19 1.4 The JSC and the legal framework Under the 2013 Constitution, the JSC clearly has the power to drive and implement judicial reforms.20 However, as highlighted above, the mandate of the JSC to make regulations has to be exercised with the approval of the Minister of Justice.21 When the JSC was established (under the Lancaster House Constitution), it had no secretariat and had to meet only when the need arose22 but, despite the lack of secretariat, there were a number of developments between 2006 and 2014 that positively enhanced its justice delivery mandate. These include the passage of the Judicial Service Act in 2006, the Judicial Service Regulations in 2012 and the Judicial Service (Code of Ethics) Regulations in 2014. These statutes were essential to give effect to the constitutional mandates and functions of the JSC and, most importantly, in promoting judicial independence. A short analysis of some of these laws is therefore apposite. The Judicial Service Act [Chapter 7:18] was passed in 2006, giving effect to section 91(1) of the old Constitution. Section 5 (1) of the Act outlined the functions of JSC to include fixing conditions of service, administering and supervising the judicial service, appointing persons and exercising disciplinary powers among other functions. However, there might be need to amend the Judicial Services Act so that it clearly captures the functions of the JSC as currently reflected in the Constitution. This is simply because the Act predates the 2013 Constitution, and does not clearly emphasize the JSC role 18 Lord Phillips ‘Judicial Independence’ http://www.ucl.ac.uk/constitution-unit/events/judicial-independence-events/lord- phillips-transcript.pdf, accessed 2 November 2015 19 The Bangalore Principles of Judicial Conduct, 2002 20 See generally, Chief Justice G. Chidyausiku “The Role of Judicial Service Commissions in Enhancing Judicial Independence and Ensuring the Right to a Fair Trial”, (27 -30 August 2015), paper presented during the Southern Africa Chief Justices Forum Annual General Meetings and Conference, 4 21 Section 190(3) 22 Chief Justice Chidyausiku op cit note 18 at 4