CJ Malaba Affirms Judiciary Independence, Urges Judges To Stand By Decisions
Chief Justice Luke Malaba has affirmed the independence of Zimbabwe’s judiciary and urged judges to stand by their legal decisions, regardless of political criticism. Speaking at a Judicial Service Commission symposium in Gweru, Malaba said that judges are impartial and base their decisions solely on the rule of law.
He stressed that the judiciary is an independent branch of government whose decisions are not influenced by political interests or slogans. Malaba insisted that judges should not be swayed from making legal decisions in a particular manner, as this would be a “terrible mistake.” He added that judicial decisions are based on facts and the rule of law, and that it is essential for citizens to have confidence in the judiciary system.
The Chief Justice also emphasised the need for judges to emphasise competence and to take personal responsibility to ensure they are professionally up to date. He challenged judges to expeditiously deliver judgments and to use the Integrated Electronic Case Management System (IECMS) to increase efficiency and remove paperwork. Malaba expressed confidence in the judges and their ability to perform their duties to the highest level. He said:
Politics is for politicians and judges know no slogans. In any case, I don’t think judges know what a slogan is. We are totally apolitical, we don’t think politically but legally and to us the law is the master. Politics is for politicians no matter who they are.
I want to emphasize this because there is a mistake, a terrible mistake to think that judges must decide in a particular manner which is ridiculous.
In a constitutional democracy where the rule of law is a foundational value, you cannot speak of the rule of law without judges. You must have confidence in the judges, you put them there because you have confidence in them.
They qualify to be called judges because they are impartial. Section 164 of the Constitution of Zimbabwe specifically entrenches judicial independence and states that courts must apply the law and Constitution impartially, expeditiously and without fear, favour or prejudice.
So, I don’t believe and I don’t accept a situation where some people want to make it fashionable to criticise judges for the decisions they make. It just doesn’t make sense. You can’t do that and still want to be in a democracy. You can’t be a person who still wants to be in a democracy and still undermine the rule of law.
I am standing here to say clearly you are fully protected in your decisions, make your decisions, whatever decisions that come out and if they are legal, make them. There are channels to take when one is aggrieved.
Section 165 (7) of the Constitution is critical for us because it simply says you as a judge, a judicial officer, must take personal responsibility to ensure you are professionally up to date.
The judge must take responsibility, personal responsibility and not institutional responsibility to make sure that he or she has the requisite skill to perform at the highest level.
The standards of performance are defined by law and they are efficiencies and effectiveness of performance, expeditious performance, decisions that must come as quickly as reasonably possible.
If we don’t do what the law wants us to do, we are in breach of the law, and God forbid that judges should do that. We are the first port of call, custodians of the law and we must know the law better than anyone else.
We are the experts of the law and that is why we are the embodiment, the custodians of justice. The word ‘justice’ is just thrown around several times, but how can we have justice without judges?
I have all the confidence in the men and women I have. We are all equal, we answer to the same standards, same aspirations, we answer to the demands of the Constitution because we are judges.
As judges we should deliver judgments within six months because your job is to deliver. Your job is to dispose of disputes, to solve disputes and don’t postpone disputes because people don’t come to court for disputes to be postponed but to be resolved.
The law says your case must be finished and on time. The law says finish the matter, and judicial power is with the judge. We are there as JSC to put in place measures that will make your job easier.
My job as chairperson of JSC is to ensure that there are measures that guarantee efficiency like giving you gadgets such as laptops. Use them because in those gadgets, there are systems that we put in place to make your job easy.
The Zimbabwean judiciary has faced accusations of being captured by the ruling ZANU PF party and the executive arm of government, particularly in high-profile political cases. The “lack of independence” has led to a lack of confidence in the judiciary system.
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