56 | Zimbabwe Rule of Law Journal
states that the funds of the Judicial Service shall consist of moneys appropriated by Act of Parliament
for the salaries and allowances payable to and in respect of members of the Judicial Service and the
recurrent administrative expenses of the Judicial Service. Funds of the JSC also include any donations,
grants, bequest made to the Judicial Service and accepted by the Commission with the approval of
the Minister. These provisions raise the question on whether the courts will be independent if the JSC
and the courts rely on the state for financial resources. However, it is important to point out that the
JSC has a duty to approach the state for adequate funding for salaries and administration costs.
3. General challenges faced by the Judicial Service Commission
The JSC is now an established constitutional body, having existed since 1987. As with many other
Commissions and constitutional bodies aimed at safeguarding democracy and the rule of law, it
continues to face many challenges ranging from the limitations of financial resources and human
resources, among others.
3.1 Financial resources
The lack of adequate financial resources for the JSC has affected the effective and efficient administration
of justice. Most administrative issues which the JSC deals with require funding and these include
construction of courts, stationery, recording equipment, libraries, transcribers, computers, transport
and furniture. Many of the Magistrates Courts in Zimbabwe, except the regional magistrates, lack basic
modern technology such as desktop computers. This affects their research capacity given the current
worldwide reliance on internet and online sources of legal data. Further, case management has also
been a major problem at both the High Court and Magistrates Courts where court records have been
known to occasionally disappear.81 Generally, if the state is failing to provide adequate funds to the
JSC it means that it is failing to fulfill its duty in terms of Section 164(2)(b) which requires the state
to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and
81
This was again confirmed by Chief Magistrate Guvamombe who stated that “because of manual filing we sometimes lose
records or take time to locate them, thus delaying court proceedings; see Zimbabwe jobs freeze puts pressure on country’s
judiciary, The Independent, March 21, 2014. http://www.theindependent.co.zw/2014/03/21/zimbabwe-jobs-freeze-putspressure-countrys-judiciary/
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