50 | Zimbabwe Rule of Law Journal 2.5.1 Advertisement of positions The first issue and mandatory duty57 of the JSC is the requirement to advertise the position. Clearly, this is a positive development that may enhance transparency and also shows the application of and adherence to internationally accepted standards.58 Advertising has been hailed as vital in that it opens the door to a wider group of potentially qualified people59 and competition might improve the chances of selecting the best candidates. In compliance with this constitutional duty, in 2014, the JSC issued an advertisement calling for nominations to three positions each for Judges of the Supreme and High Courts. The advert was widely circulated and flighted in the media to invite members of the public to nominate suitably qualified persons to fill the positions for which nomination forms from the offices of the JSC in Harare, or the offices of Provincial Magistrates in the Provinces and also online from the JSC website (www.jsc.co.zw) were available. This was a positive transparent public relations exercise by the JSC. 2.5.2 Nominations by the President and the public The second issue for consideration is the requirement that the JSC should invite the President and the public to make nominations.60 This means the President and the public are all required to make nominations, yet the President is responsible for appointing the judges. Chiduza, rightly in our view, termed this provision alarming.61 In general, the fact that the President also nominates and at the same time appoints judges puts to the test the whole concept of judicial independence. The question that arises is whether the nominations by the public will have any effect since the President is also required to submit nominations.62 Magaisa aptly stated that the situation creates a moral hazard, which he called the risk that the appointing authority is more likely to prefer his/ her own nominees for appointment over those by the public.63 Magaisa went on to recommend 57 A. Magaisa op cit note 47. 58 Principle II of Annex of the Commonwealth (Latimer House) Principles on the Three Branches of Government (2003) calls for advertisement of judicial positions; see also Principle 12.3 of the Measures for the Effective Implementation of the Bangalore Principles of Judicial Conduct (2010) 59 Democratic Governance and Rights Unit (DGRU) op cit note 46 at 26 60 Section 180(2)(b) 61 L. Chiduza op cit note 26 at 382 62 A. Magaisa op cit note 47 63 A. Magaisa op cit note 47