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is that to secure judicial independence, judicial appointments should be made on the basis of clearly
defined criteria and a publicly declared process to enhance equal opportunity.55 On tenure, the UN
Basic Principles on the Independence of the Judiciary state that once a person is appointed as a judge,
their tenure should be guaranteed until mandatory retirement age or expiry of their term of office.
Therefore, security of tenure is an important factor in promoting judicial independence.
2.5 The appointment process and role of JSC in Zimbabwe
As stated, the JSC plays a role in the selection and appointment of judges, magistrates and other
judicial officers. The appointments are in terms of the Constitution and the Judicial Service Act. In
order to critically assess the performance of the JSC on judicial appointments it is important to analyse
the specific rules first.
Section 180(1) provides for the appointment of all judges and s 180(2) goes on to state that whenever
it is necessary to appoint a judge, the JSC must advertise the position, and invite the President
and the public to make nominations. Thereafter, JSC is required to prepare a list of three qualified
persons as nominees and submit the list to the President whereupon the President must appoint one
of the nominees. However, if the President considers that none of the persons on the list submitted by
the JSC is suitable for appointment, he must require the JSC to submit a further list of three qualified
persons from which he will appoint one of the nominees.56 Another important provision is s 184
which provides that the appointments to the judiciary must reflect broadly the diversity and gender
composition of Zimbabwe. What is clear is that s 180 sets out the procedures for the appointment of
judges and JSC plays a role. Below is an analysis of the intricate aspects about these provisions as
well as what the JSC did in practice.
55
Latimer House Guidelines ibid
56
Section 180(3)
Select target paragraph3
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