Zimbabwe Rule of Law Journal |37 1.2 Why is a Judicial Service Commission necessary? In the Zimbabwean context, the JSC is generally understood as the body responsible for the administration of justice.4 However in practice, the JSC has advisory, supervisory and regulatory mandates which enable the judiciary to function efficiently and deliver its constitutional functions5. The JSC’s administrative role extends beyond mere provision of stationery and salaries; it now extends to judicial selection processes through conducting public interviews and even making regulations governing the judiciary with the approval of the Minister of Justice, Legal and Parliamentary Affairs.6 Further, and more substantively, it is now the appointing authority for magistrates in Magistrates’ Courts.7 It appears that, in other countries the functions of judicial service commissions similarly extend beyond administrative duties. According to Manyatera and Fombad, the emerging trend is that JSCs are becoming increasingly popular and an important feature of most judicial appointment systems in both civil and common law jurisdictions.8 The authors cite several jurisdictions that have adopted either judicial selection commissions or judicial services commissions.9 The use of judicial appointment commissions might reduce political patronage through use of open and transparent mechanisms in the appointment process.10 However, all this depends on the surrounding or enabling political or governmental system. As Manyatera and Fombad were quick to note, the existence of JSCs do not necessarily translate to effective and transparent justice delivery by the judiciary; much depends on the composition and competencies of the commission,11 with these commissions faring much better The Judicial Service Commission was first introduced into Zimbabwe’s Lancaster House Constitution by Constitutional 4 Amendment Act No.23 of 1987 (the 7th Constitutional Amendment). This was confirmed in the case of Judicial Service Commission v Ndlovu and Others HB 172/13 in which Justice Moyo 5 stated that the Judicial Service Commission does the administrative work leading to the appointment of judges. 6 On making regulations see Section 190(3) of the Constitution of Zimbabwe 7 Section 181(3) of the Constitution of Zimbabwe 8 See generally G. Manyatera and C.M Fombad “An Assessment of the Judicial Service Commission in Zimbabwe’s New Constitution” (2014), XLVII Comparative and International Law of South Africa 2-9 9 Manyatera and Fombad op cit note 6) 6-7; cited the example of UK, USA, South Africa and some countries in Anglophone Africa as well as Latin American countries such as Argentina, Bolivia, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Panama and Paraguay among others. 10 Manyatera and Fombad (op cit note 6) at 8 11 Manyatera and Fombad (op cit note 6) at 3