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Harare Bureau
THE Government has gazetted Constitution of Zimbabwe Amendment (No 1) Act, which gives President Mugabe powers to appoint the Chief Justice, Deputy Chief Justice and Judge President.
This effectively repeals the previous dispensation that saw the Chief Justice appointed after public interviews.
The Act, which was gazetted last Friday, reads in part: “(1) The Chief Justice, the Deputy Chief Justice and the Judge President of the High Court and all other judges are appointed by the President after consultation with the judicial Service Commission in accordance with this Section.
“(2) The Chief Justice, the Deputy Chief Justice and the Judge President of the High Court shall be appointed by the President after consultation with the Judicial Service Commission. (3) If the appointment of a Chief Justice, Deputy Chief Justice or Judge President of the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of Subsection (2), the President shall cause the Senate to be informed as soon as is practicable: Provided that, for the avoidance of doubt it is declared that the decision of the President as to such appointment shall be final.”
According to the new Act, public interviews will be conducted for all judges except the top three members of the judiciary.
“(4) Whenever it is necessary to appoint a judge other than the Chief Justice, Deputy Chief Justice or Judge President of the High Court, the Judicial Services Commission must; “(a) advertise the position; and (b) invite the President and the public to make nominations; and (c) conduct public interviews of prospective candidates; and prepare a list of three qualified persons as nominees for the Office; and (e) submit the list to the President; whereupon, subject to subsection (5), the President must appoint one of the nominees to be concerned.”
The Gazette also said the Labour and Administrative Courts were subordinate to the High Court.
“(1) Subject to subsection 174 (other courts and tribunals) of the Constitution is amended by the insertion of the following Subsection, the existing section becoming subsection (1)(2) for the purpose of this Section and Section 171(1)(b) it is declared, for the avoidance of doubt, that the Labour Court and Administrative Court are courts subordinate to the High Court.
“(2) In conformity with Section 188(4) of the Constitution, the salaries, allowances and other benefits of judges of the Labour Court and Administrative Court holding or acting in office as such on the date of commencement of this Act shall not be reduced.”
derick.khumalo