44 | Zimbabwe Rule of Law Journal courts.35 Financially, a restricted budget, for example, can create inefficiency and affect independence and this will eventually lead to the manipulation of the judiciary by the executive.36 However, it has been stated that there is an exception to the rule of judicial independence which exists for purposes of facilitating the achievement of the mandate of the judiciary.37 The exception is the requirement that the state should take measures to protect the judiciary and, in fact, the executive is legally obliged to protect the judiciary.38 John Ferejohn candidly stated that, even if judges enjoy some insulation from political intrusions, the Constitution ensures that the institutions within which they work, i.e. the courts, remain remarkably dependent on executive power-wielding officials.39 This is because the courts rely on parliament and government for implementation of judicial decisions, allocation of funds and passage of laws. This portrays a necessary linkage between the judiciary and the executive. If the limits and scope of this necessary linkage is not properly established, the legislature, for instance, can interfere with judicial independence by passing legislation to limit the jurisdiction of the courts if they feel threatened.40 2.2 Analysis of the legal functions of JSC in promoting judicial independence As observed above, the concept of judicial independence has significant meaning and relevance for promoting the rule of law and constitutionalism in Zimbabwe. For a start, the JSC itself is at the centre of promoting judicial independence as stated in s 190 (2) which states that the JSC must promote and facilitate the independence, accountability, and the effective and efficient administration of the judiciary. Such a mandate supposes that the JSC should promote the practical application of s 164(1) 35 See generally M. Diibotelo (Chief Justice of Botswana) (August 2015) “Importance of Appointment Procedures in ensuring judicial Accountability and Independence of the Bench” paper presented during The Southern Africa Chief Justices Forum Annual General Meeting and Conference held at Victoria Falls from 27 – 30 August 2015 36 See generally O.C Ruppel op cit note 28 at 224 37 Op cit note 28 at 219 38 Op cit note 28 at 219 39 J. Ferejohn op cit note 27 at 6 40 In Zimbabwe during the height of the land invasions and land reform programme, government passed Constitutional Amendment No. 17, through insertion of Section 16B in the old Constitution, now Section 72 (3)(b) in the new Constitution which ousted the jurisdiction of the courts after a string of Supreme Court decisions based on discrimination, inequality. See generally, Commercial Farmers Union v Minister of Lands and Others 2000 (2) ZRL 469 (S)