52 | Zimbabwe Rule of Law Journal
process that goes to the core of judicial independence in that during shortlisting, if the JSC is not
independent as well, it might tinker with the process by selecting persons who may not be fit and
proper, but who represent executive interests.65
For interest sake, the Regulations outline some of the General principles applicable to recruitment
of members used by the JSC such as merit, knowledge, experience, qualifications and potential for
training.66 They also provide that the JSC shall complete to its satisfaction all the checks necessary
to confirm that the candidate is eligible for appointment.67 The point here is that what is in the
Constitution is not adequate in terms of procedures that are followed by JSC in selecting, screening
or shortlisting candidates who would have been nominated by the public or the President so that
they attend public interviews for the position of a judge. This point is made, despite the fact that the
JSC might have some policy guidance document it uses to screen, evaluate or shortlist nominees.
This leaves room for manipulation of the system and paints an unclear picture on the process.
However, the above analysis is contrary to the view of Manyatera and Fombad who stated that
one inescapable conclusion from an analysis of the new judicial selection procedures is that they
are intended to ensure greater transparency and accountability in the selection of judges.68 This
general conclusion is only acceptable if this new process is compared to the unknown system under
the Lancaster House Constitution. However, it is submitted that the level of transparency is not
sufficient under the current system where the vetting, screening, evaluation process and short-listing
procedures of candidates to attend public interviews are not clearly stated.
In practice, the JSC has managed to organise the first batch of public interviews for the positions
that were advertised in 2014. The public interviews elicited much public interest and excitement.
However, what emphasises the need to come up with a strong and publicly known screening,
65
On a “fit and proper person” see Section 177(2), 178(2) and 179(2)
66
Section 3
67
Section 5(5)
68
Manyatera and Fombad op cit note 6 at 20
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