40 | Zimbabwe Rule of Law Journal of Parliament as stated respectively in section 190(3) and (4). The Minister has power to approve regulations made by the JSC. The fact that the JSC can make regulations does not mean that they will automatically pass into law. They require Ministerial approval and if the Minister does not approve them it means the regulations will not be passed. This means that the Constitution came close to granting the JSC law-making powers, but did not go far enough. Further, if Parliament feels threatened by the JSC it may pass an Act that does not provide adequate protections for employment, discipline and conditions of service of persons employed by the courts as contemplated in Section 190(4). Cumulatively, the powers of the executive and even the legislature in the Constitution whittle down the powers granted by the “all powers needed for the purposes” provision. 1.3.2 Other functions and contextual aspects on the role of JSC It is important to state that the functions and responsibilities of the JSC should be understood in the context of the whole Constitution. This is because, unlike other commissions in the Constitution, the JSC is an institution that directly safeguards democracy, constitutionalism and the rule of law. In this regard, the fact that JSC is responsible for facilitating and promoting judicial independence, impartiality, integrity as well as effective and efficient delivery of justice means that it is also concerned with promoting the founding values and principles stated in s 3 of the Constitution. In particular the following values and principles are key; the supremacy of the Constitution, the rule of law, fundamental human rights and freedoms, equality of all human beings, good governance and transparency and accountability. These values tie in very well with the concept of judicial independence which is espoused in s 164 of the Constitution. Section 164 (1) states that the courts are independent and subject only to the Constitution and the law, which they must apply impartially, expeditiously and without fear, favor or prejudice. Section 164(2) goes on to state that the independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance. In this equation it is evident that the JSC should be at the centre of promoting judicial independence, impartiality and effectiveness. It has been observed that rigorous application of rule of law is the bedrock of a democratic society and if the rule of law is to be upheld,

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