Zimbabwe Rule of Law Journal |59
4.3 Screening, vetting and selection of nominees
On the process of appointing judges, the JSC should improve its screening and selection of nominees
invited for public interviews based on well-defined and detailed criteria. If the JSC has already adopted
some guidelines then these should be published on the JSC website to build public confidence in the
judicial appointment process. Further, as suggested by Magaisa, a set of safeguards to protect public
confidence in the judicial appointment process should be adopted that includes disclosure of the
source of nomination as to whether it was the President or the public, and sufficient disclosure of all
information about the candidates including their personal background, qualifications and track records.
5. Conclusion
There is little doubt that an independent judicial service and a proactive Judicial Service Commission
are both critical in the realisation and promotion of rule of law and constitutionalism in Zimbabwe. The
Constitution generally enhances the role and purpose and integrity of the judicial system in Zimbabwe,
and clearly departs from the system established under the 1980 Lancaster House Constitution. The
relevant provisions, as has been demonstrated throughout the article, go a long way towards promoting
judicial independence, integrity, transparency and accountability. However, the system is not perfect,
with practical as well as legal loopholes that need to be addressed going forward. It is however clear that
there is an attempt in the Constitution to balance the interests of various stakeholders in establishing
the mandate, scope of powers, the nature of appointment and the constitution of the JSC. This attempt
is inevitable in view of the fact that, as an institution that protects and safeguards democracy, the JSC
operates within the confines of the larger political environment. What is inescapable is the fact that
this constitutional institution greatly contributes to judicial independence, which in turn is critical for
the attainment of the rule of law and constitutionalism in Zimbabwe.
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