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Gibson Mhaka
THE Judicial Service Commission (JSC) is worried about the high staff turnover especially in the lower ranks of the organisation, a senior official has said.
Presiding over the official opening of the 2024 legal year in Bulawayo today, Monday, Deputy Chief Justice Elizabeth Gwaunza said the economic climate adversely affected the remuneration levels for the majority of the members of the Judicial Service.
The event was held under the theme: “The role of the Judiciary in entrenching constitutionalism”.
“The JSC’s activities were not smooth sailing throughout 2023. Staff turnover remained a cause for concern.
“The economic climate adversely affected the remuneration levels for the majority of the members of the Judicial Service. That inevitably led to a high staff turnover, especially in the lower ranks of the organisation,” said Justice Gwaunza.
She implored the Government to continue supporting the JSC’s initiatives to ensure that the conditions of service for members of staff involved in the administration of justice continue to improve.
“Retention of experienced employees is integral to the efficient discharge of the JSC’s constitutional mandate.
“Whilst the JSC is grateful for the support rendered by Treasury during the period under review, the timeous and consistent disbursement of funds will assist in ensuring effective justice delivery for all, and the completion of the outstanding projects,” she said.
Justice Gwaunza said in terms of Section 46 of the Constitution, the courts were compelled to promote the values and the principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom when dealing with matters that involve potential violation of fundamental human rights and freedoms.
“The values and the principles set out in Section 3 of the Constitution are specifically identified as being central to the realisation of a democratic society that embodies openness, justice, human dignity, equality and freedom,” she said.
She said judges and magistrates must be agents of constitutionalism through observance of the principles that guide the Judiciary in terms of Sections 164 and 165 of the Constitution.
“Judicial officers are the gatekeepers of the Constitution. It is therefore imperative that their conduct remains lawful and beyond reproach at all times.
“It is the only way that the public will retain confidence in the Judiciary.
“Where there exists the unfortunate scenario of judicial officers whose conduct is reproachable and is in violation of the provisions of the Constitution or the Judicial Code of Ethics in the case of Judges and the Judicial Service Regulations and the Magistrates Code of Ethics in the case of magistrates, it will be inevitable that the relevant disciplinary measures will be invoked.
“There is the grim potential to undermine constitutionalism by condoning or legitimising unlawful conduct by judicial officers which erodes the outlined fundamental values and principles of the Constitution,” she said.
Justice Gwaunza said it was regrettable that over the years, including the year under review, the Judiciary lost judges and magistrates through mandatory disciplinary measures, rooted in the principle of constitutionalism.
“It is regrettable and unfortunate that over the years, including the year under review, the Judiciary lost judges and magistrates pursuant to the invocation of mandatory disciplinary measures necessitated by the doctrine of constitutionalism.
“The public’s expectation is that the provisions of the Constitution must be strictly applied. In that regard the JSC will not shy away from enforcing and entrenching the constitutional obligation,” she said.
Justice Gwaunza further said the judiciary also relies on members of the Judicial Service to provide the required administrative support in a manner that is consistent with the functions of the JSC set out under section 190 of the Constitution.
“The support services provided to the courts must enable the courts to perform their constitutionally provided mandates efficiently and effectively.
“This support services function, apart from providing the required human and material resources to the courts, must as of necessity attend to the Judges’ and the magistrates’ conditions of service”.
She said while the sterling work done by the JSC through the Secretariat in supporting the courts and by extension the financial support provided by Treasury is acknowledged, improvement of conditions of service of the Judiciary as a matter of priority remains consistent with the ideal of promoting constitutionalism.
Online Reporter