Zimbabwe Rule of Law Journal |55 constitutional recognition like that of judges, this may pose a threat to judicial independence because magisterial courts are the courts of first instance78 for the appearance of litigants and for some it is their only contact with the justice delivery system of Zimbabwe.79 Many problems related to judicial independence, impartiality, lack of competence and corruptions among others occur at the lower courts. The Magistrate Courts are also a fertile ground for political interference and court packing if the appointment processes by the JSC are not watertight in practice. Many people are convicted and may not appeal, or their cases are not reviewed. This is despite the fact that the appeal or review process is supposed to act as a way of ensuring that people who face injustice at the lower courts at least find justice in the upper courts. In the case of Van Rooyen and Others v The State and Others, Chief Justice Chaskalson (as he then was) stated that; “…magistrates’ courts are courts of first instance and their judgments are subject to appeal and review. Thus higher courts have the ability to protect the lower courts against interference with their independence, but also to supervise the manner in which they discharge their functions.”80 In practice therefore, judicial independence should not be restricted to judges of the superior courts; it should begin at the lower courts where external influence and pressure is easy to exert on adjudicating personnel. 2.5.8 Financial independence Section 164 (2) (b) provides that the state must assist and protect the court to ensure their independence. This provision entails that the state must also provide all resources including financial resources for the courts to effectively carry out their mandate. Regarding financial independence, s 188 (3) of the Constitution states that the salaries, allowances and other benefits of members of the judiciary are a charge on the Consolidated Revenue Fund. Section 20 of the Judicial Service Act 78 Magistrates Court Act [Chapter 7:10]; Section 5 states that the Magistrate Court shall be a court of record. 79 Judicial Service Commission, www.jsc.co.zw, accessed 10 November 2015 80 Van Rooyen and Others v The State and Others (2002) ZACC 8; 2002 5 SA 246