Zimbabwe Rule of Law Journal |51 that the JSC should develop safeguards such as being fair, impartial and give equal opportunity to all candidates regardless of the source of their nomination, ensure a merit based approach, disclose the source of nomination ─ whether it was the President or the public ─ and disclose all information about the candidates including their personal background, qualifications and track records. The submissions by Magaisa are very valid; judicial independence will be compromised if the President is to appoint his own nominees. In practice, the JSC invited the public to make nominations when it issued the advert for positions of judges at the Supreme and High Courts in 2014. It is assumed that the public indeed made nominations, although it is not clear which section of the public did so. One can only speculate that it is most likely the legal fraternity. It is also not clear how the President was invited to nominate and whether he indeed made nominations as the JSC does not disclose detailed information about the whole process. These are some of the reasons why the assertion and call by Magaisa for disclosure of the source of nominations for candidates remains valid. 2.5.3 Short listing for public interviews The requirement that the JSC should conduct public interviews is also a progressive approach to judicial appointments. On this point, Magaisa stated that after calling for nominations the JSC is required to consider and shortlist them if necessary, (although it is unclear whether Magaisa was referring to any Constitutional section when he stated this or whether he was simply referring to standard practice) and then the JSC should carry out public interviews of the prospective candidates.64 There is nowhere in s 180 where it is stated that the JSC will consider and shortlist candidates. The only reference to a list is the list prepared by JSC that will be submitted to the President for appointment after the interviews or a second list, in the event that the President rejects the first list. Therefore, what is not clear from the Constitution is the process the JSC will go through in vetting, selecting, screening or shortlisting candidates. It is also not clear within the text of the Constitution if the screening, vetting or shortlisting is done by a special committee within the JSC. This is an important 64 Magaisa op cit note 47