58 | Zimbabwe Rule of Law Journal
4. Addressing the challenges
4.1 Funding
The delivery of justice and its administration has cost implications. Poor funding is detrimental to
justice delivery, and jeopardizes the work of judicial officers and various other stakeholders in the
justice delivery system. Thus, the fact that government continually faces financial challenges and
competing budgetary commitments does not justify underfunding or under-resourcing the judiciary.
It is important that the state give priority funding to the judiciary as this guarantees judicial integrity
and the quality of judicial services. The state has a duty to ensure that the judiciary’s mandate is
both facilitated and enhanced. It has been suggested that to avoid political influence, the budget
for the judiciary should be set or fixed as a percentage to be charged on the national budget every
year.89 However, it is also important for the JSC to ensure that it properly manages and accounts
for all funds received in line with the Public Financial Management Act and the Audit Office Act.
Further, to ensure effective and efficient administration of justice, JSC should also find ways of
getting additional funding from different sources so that it is able to recruit more magistrates and
facilitate the appointment of High Court judges. The conditions of service (salaries) for judicial
officers should also be improved to curb corrupt activities.
4.2 Independent judicial monitoring
Another important suggestion is for the JSC to work closely with NGOs that can assist in monitoring
the performance of the courts. These groups can also assist the JSC by compiling information and
carrying out background checks, on a voluntary basis, on any nominees for judicial appointment
for purposes of screening. This system is being used by the Democratic Governance and Rights
Unit in South Africa.90
89
See generally L. Chiduza op cit note 26 at 395
90
Information available at http://www.dgru.uct.ac.za/ accessed on 20 November 2015.
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