Online Reporter
Patrick Chitumba
CHIEF Justice Elizabeth Gwaunza has challenged judges to combine strong judicial skills with professionalism, integrity and mentorship to strengthen public confidence in the justice system and deliver on the Judicial Service Commission’s vision of “A Zimbabwe in which world-class justice prevails.”
Addressing the recent ‘End of Second Term Judges’ Symposium in Gweru, themed “Reinforcing the Core Skills and Values for Quality and Effective Justice Delivery”, Chief Justice Gwaunza said judicial excellence went beyond producing legally sound judgments, requiring judges to uphold values that inspire confidence in the courts.
She said the symposium provided judges with an opportunity to reflect, engage and learn from one another away from the pressures of daily court work, with lessons from the forum expected to translate into improved service delivery.
“What I bring to this role is not a desire to undo the foundation that has been built, but a commitment to carry it forward with renewed purpose. It is in that spirit that we turn to our theme.”
Chief Justice Gwaunza said the theme was chosen not for elegance, but because it described the whole work of a judge and that every word in it carries weight.
She said these considerations find their fullest expression in the JSC vision: “A Zimbabwe in which world-class justice prevails” — a standard, which imposes binding obligations on each judge.
Chief Justice Gwaunza said the symposium programme was designed to give practical effect to those demands through breakaway sessions organised by court and level of seniority, plenary discussions and expert presentations on the craft and care of judging.
The forum, she added, created an opportunity for judges to learn from one another, confront common challenges and strengthen the practices on which sound judicial work depends.
“What is discussed here must ultimately find expression in the daily work of our courts,” she said.
Chief Justice Gwaunza said at the foundation of judgeship lies judicial skill, and that no judge arrives on the bench complete.
She said judicial craft is a blend of skills honed over time and whilst experience is indispensable, these skills are developed most effectively within an institution in which knowledge moves freely between judges.
Drawing from personal experience, Chief Justice Gwaunza said she came to the bench after working in the public and non-governmental organisation sectors with firm knowledge of the law, but without the accumulated habits and unwritten conventions of the courtroom.
“What carried me through was the willingness of my peers to assist. Senior judges made time for my questions.
“Colleagues proofread my first draft judgments patiently. Above all, I found a culture in which one could ask a question and be assisted,” she said.
Chief Justice Gwaunza said where judges are reluctant to ask questions, uncertainty is concealed and errors remain undiscovered until they appear in written judgments and orders, or in complaints from disgruntled litigants.
“The cost is then borne not by the Judiciary alone, but by the litigant who came before the court seeking justice.”
The Chief Justice placed a corresponding responsibility on senior judges to make their experience accessible and to receive questions with patience, honesty and respect.
“Mentorship is not merely a courtesy extended to junior colleagues; it is part of the responsibility of sustaining and strengthening the Judiciary. The knowledge accumulated over many years of judicial service should be shared.”
On values, the Chief Justice said judicial skill alone is not enough, as a judgment may be legally sound yet fail to command public confidence if the process was tainted by discourtesy, delay, partiality or a lack of integrity.
“Judicial excellence therefore rests not only on what judges know and how well they reason, but also on the values that govern the exercise of judicial power.”
Citing professionalism as one clear test, Chief Justice Gwaunza said it is often revealed in small details such as punctuality and the care with which a member of the public is assisted.
“For judges, the standard must be beyond reproach at all times. A judge who is impeccable on the bench but dismissive of staff in chambers has not understood professionalism. Neither has a judge who writes elegant judgments but runs a disorderly court,” she said.
“A judge should not need to raise his or her voice to establish authority. Shouting at litigants, legal practitioners or members of staff diminishes the proceedings and risks replacing respect with fear.”
