54 | Zimbabwe Rule of Law Journal the sources of the nominees from the President and the public.75 This may help to curb the possible abuse of the powers by the President to reject the first list submitted by the JSC since it will put the whole process under the public spotlight. 2.5.7 Appointment of Magistrates and role of JSC The appointment of magistrates is now the responsibility of the JSC in terms of s 182 which states that an Act of Parliament must provide for the appointment of magistrates and other judicial officers, but magistrates must be appointed by the JSC. It also states that such appointment must be made transparently and without fear, favour, prejudice or bias. Previously magistrates were appointed by the Public Service Commission (PSC) under the ministry of Public Service and this made them less independent from the executive. The Judicial Service Regulations regulates the appointment of members of the judiciary by setting out some general JSC principles, such as suitability with regard to task knowledge, relevant experience, qualifications and qualities and potential for training and development.76 In some cases entry examinations may be set.77 In theory, the transfer of the appointment of magistrates from the PSC to the JSC is a welcome development. However, it might be argued that magisterial appointments have not been treated with as much weight as judicial appointments. The motivation for this is practical, since it would be difficult and costly to advertise, invite public and presidential nominations, and hold public interviews for appointment of magistrates given the high number of magistrates required at various stations in the country. It may be stated that although magistrates belong to lower courts, the concepts of judicial independence, impartiality, rule of law and democracy should not be sacrificed because of the court hierarchy system. It is also important to note that while the appointment of magistrates does not enjoy extensive 75 See generally Magaisa, op cit note 47, and also Democratic Governance and Rights Unit op cit note 46. 76 Section 3 77 Section 4

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