Zimbabwe Rule of Law Journal |47
of law designated by an association representing the majority of the teachers of law at Zimbabwean
universities or, in the absence of such as association, appointed by the President. What is worrying
about this provision is that, it is possible that such an association might not exist. If that is the case,
then the President will make an appointment of a senior law lecturer or a professor to sit in the JSC
for a period of six years. Section 189(1)(i) and (k) are just a simple indication of how it is virtually
impossible to completely exclude political appointments to the JSC.
The second point arising from Section 189 in relation to nominations by associations is that it is not
clear what criteria the associations will use, within their internal systems, to select members who will
sit in the JSC. Both the Constitution and the Judicial Service Act appear to be silent on the qualities
and abilities of members that may be chosen to represent their associations in the JSC. The importance
of this is that given the crucial role the JSC is supposed to play in the appointment, removal and
administration of justice the qualities of people who should be chosen by the associations to sit in JSC
should also fit within the framework of what is called a fit and proper person.
The third and somewhat worrisome point is that, as in other countries, the Chief Justice is the Chairman
of the JSC. The Chief Justice already has other responsibilities including head of the Supreme Court
and the Constitutional Court. There is too much concentration of powers in one individual, and there
is a high chance of him failing to effectively fulfil his duties.
Comparatively, however, the South African JSC has been criticised as heavily weighted with Presidential
and parliamentary appointees and in that sense, it has become too political.47 This is because South
Africa adopted a multistakeholder approach. The South African JSC is made up of representatives of
the judiciary, legal profession, including attorneys, academics, advocates, political parties represented
in parliament, members of the national and provincial executive and presidential appointees.48
47
E. Camer “Judicial Selection Process” http:www.courtingjustice.com/judicialselection.html, accessed 4 November 2015
48
See Democratic Governance and Rights Unit (DGRU) “Judicial Selection in South Africa” (2010) www.dgru.uct.ac.za/usr/
dgru/...judicial%20selectionoct2010pdf, accessed 9 November 2015
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