54 | Zimbabwe Rule of Law Journal
the sources of the nominees from the President and the public.75 This may help to curb the possible
abuse of the powers by the President to reject the first list submitted by the JSC since it will put the
whole process under the public spotlight.
2.5.7 Appointment of Magistrates and role of JSC
The appointment of magistrates is now the responsibility of the JSC in terms of s 182 which states
that an Act of Parliament must provide for the appointment of magistrates and other judicial officers,
but magistrates must be appointed by the JSC. It also states that such appointment must be made
transparently and without fear, favour, prejudice or bias. Previously magistrates were appointed
by the Public Service Commission (PSC) under the ministry of Public Service and this made them
less independent from the executive. The Judicial Service Regulations regulates the appointment of
members of the judiciary by setting out some general JSC principles, such as suitability with regard
to task knowledge, relevant experience, qualifications and qualities and potential for training and
development.76 In some cases entry examinations may be set.77
In theory, the transfer of the appointment of magistrates from the PSC to the JSC is a welcome
development. However, it might be argued that magisterial appointments have not been treated
with as much weight as judicial appointments. The motivation for this is practical, since it would be
difficult and costly to advertise, invite public and presidential nominations, and hold public interviews
for appointment of magistrates given the high number of magistrates required at various stations in
the country.
It may be stated that although magistrates belong to lower courts, the concepts of judicial independence,
impartiality, rule of law and democracy should not be sacrificed because of the court hierarchy system.
It is also important to note that while the appointment of magistrates does not enjoy extensive
75
See generally Magaisa, op cit note 47, and also Democratic Governance and Rights Unit op cit note 46.
76
Section 3
77
Section 4
Select target paragraph3
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