An appraisal of the recruitment and selection process of the judiciary (chief justice) in Zimbabwe
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Date
2019
Authors
Journal Title
Journal ISSN
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Publisher
University of Zululand
Abstract
Societies that have accepted the notion of liberal modern democracy respect the
role of the judges or the judiciary in making such democracies a success. As such,
the drafting of the 2013 Constitution of Zimbabwe was a particularly significant
event because, amongst other things, it set out the judicial selection process to be
followed in the future. Following the recent appointment of the new chief justice
(Justice Malaba, appointed in 2016) there has been controversy regarding the
Zimbabwean judicial recruitment and selection appointment process. While some
renowned legal practitioners expressed the opinion that the process itself was
somewhat commendable, the reality is that there were some major flaws, which
must be addressed for future judicial selection and appointment. This study
analysed documents to appraise the recent recruitment and selection process of
the chief justice in Zimbabwe. This study collated data from the Zimbabwe
Constitution, Zimbabwe Legal Information Institute, Zimbabwe Case law, legislation
and journal articles. The findings from this study suggest that there were some
flaws in the last recruitment and selection process of the Chief Justice that were
conducted by the Judicial Service Commission. The paper demonstrates some of
these flaws. Broadly, the results of this work suggest that the recruitment and
selection process require the expertise of those who are skilled in the procedure to
do it with utmost proficiency, with limited acrimony and as little hindrance from the
public as possible.
Description
Peer reviewed article published under Inkanyiso journal, Volume 11 Number 1, p.39-49, November 2019
Keywords
Democracy, Recruitment and Selection, Judiciary, Zimbabwe
Citation
Bazana, S. and Jackson, C., 2019. An appraisal of the recruitment and selection process of the judiciary (chief justice) in Zimbabwe. The Journal of Humanities and Social Science ISSN 2077-2815 Volume 11 Number 1 2019, 36(1), p.38.