ASSESSING THE JUSTICE DELIVERY MANDATE OF THE JUDICIAL SERVICE COMMISSION
IN ZIMBABWE’S CONSTITUTIONAL FRAMEWORK
James Tsabora1 and Shamiso Mtisi2
Abstract
The judicial service commission has emerged as one of the most integral institutions in constitutional
and democratic states that respect the ideals of the rule of law and constitutionalism. As an institution
therefore, a judicial service commission is a critical functionary in a constitutional state; it oils the
wheels and fuels the engine of justice. Its integrity and status in a constitutional democracy derives,
not only from the nature of its mandate, but also from the manner of its constitution, composition,
appointment and most importantly, the scope of its powers. Generally, the mandate of the judicial
service commission is to promote judicial independence, which is a fundamental facet in ensuring the
rule of law and constitutionalism. Indeed, important debates on the rule of law and constitutionalism
have invariably included the contribution of judicial institutional systems in the promotion or erosion
of the rule of law and democracy in a constitutional society. Such debates necessarily take new twists
and turns with the substitution of a constitutional framework by another.
This article explores the constitutional mandate of Zimbabwe’s Judicial Service Commission, and makes
the finding that this Commission is vital in the promotion of judicial independence, in safeguarding
democracy, and in entrenching constitutionalism in Zimbabwe. It further observes that in view of
Zimbabwe’s long road to democracy and judicial independence, the Commission can only be applauded
and given time to consolidate its true status and position in Zimbabwe’s justice administration system.
1. Introduction
The Judicial Service Commission (JSC) is positioned at the fulcrum of the justice administration
1
James Tsabora LLB (University of Zimbabwe), LLM (University of KwaZulu-Natal) PhD Law (Rhodes University); Lecturer,
Faculty of Law, Midlands State University, Gweru.
2
Shamiso Mtisi LLB (University of Zimbabwe), LLM Cand. (Midlands State University), Head of Programs, Zimbabwe Environ-
mental Lawyers Association, Harare.
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