38 | Zimbabwe Rule of Law Journal in political contexts which respect and uphold the rule of law.12 This is confirmed by international soft law principles that recognise the use of commissions. A good example is the Latimer House Guidelines on the Independence of the Judiciary, which states that a judicial service commission should be established by the Constitution or by statute, with a majority of members drawn from the senior judiciary.13 Similarly, the Beijing Statement of Principles of the Independence of the Judiciary also recognise the consultation of JSCs in making appointments and, further, that such commissions should include representatives of higher courts and legal practitioners to ensure judicial competence, integrity and independence.14 1.3 The constitutional mandate of the Judicial Service Commission in Zimbabwe Pursuant to constitutional best practises and international standards, Zimbabwe made specific provision for the functions of the JSC in the 2013 Constitution. This is clearly in line with the Latimer House Guidelines which state that judicial appointments should be made by a JSC established by the Constitution or statute. The Judicial Service Commission is accordingly established in terms of Section 189 of the Constitution. Under the old Lancaster House Constitution, the JSC had been established in terms of Section 84 whose role was to be consulted by the President and recommend appointment and removal of judges. 15 Section 190(2) of the 2013 Constitution establishes the primary responsibility of the JSC, and states that, “the Judicial Service Commission must promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice in Zimbabwe, and has all the powers needed for this purpose” (emphasis added). Further, section 190(3) proceeds 12 Manyatera and Fombad (op cit note 6) at 9 13 The Latimer House Guidelines on the Independence of the Judiciary (2008) 14 Article 15 of the Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA Region 1995. 15 See generally Brian Crozier ‘Courts and Judiciary Under a New Zimbabwe Constitution’ in N. Kersting (ed) Constitutional in Transition Academic Inputs for a New Constitution in Zimbabwe, FES, 2005, 279.