Online Reporter
Trust Freddy
NEWLY sworn-in Commissioners of the Judicial Service Commission have been urged to uphold judicial independence, accountability and good governance in the administration of justice.
Addressing the Commissioners’ Induction Programme in Harare yesterday, Chief Justice Elizabeth Gwaunza said appointment to the JSC was a matter of constitutional trust that required independence of thought, integrity and diligence.
“This induction marks the beginning of the work of understanding that office in its constitutional, institutional and practical dimensions,” Chief Justice Gwaunza said.
“The programme is aimed at translating that constitutional responsibility into informed judgment, sound governance and effective service.”
She said the JSC, established under section 189 of the Constitution, forms part of the constitutional architecture through which judicial authority is protected and made effective.
Chief Justice Gwaunza added that section 162 states that judicial authority derives from the people and is vested in the courts, adding that judicial service was therefore a service to the people of Zimbabwe.
“The litigant who approaches a registry, the witness who attends court, the accused person awaiting trial . . . must all encounter an institution that understands itself as a public service,” she said.
Quoting section 190 of the Constitution, Chief Justice Gwaunza said the Commission must promote and facilitate both the independence and accountability of the Judiciary.
She added that section 191 requires the JSC to conduct its business in a just, fair and transparent manner.
“The process by which a decision is reached is therefore as important as the decision itself”.
On governance, Chief Justice Gwaunza said Commissioners exercise stewardship over public institutions and resources and must place the interests of the institution above personal or sectional interests.
She said the Commission’s role was to provide constitutional oversight, policy direction and strategic leadership, while leaving implementation and day-to-day management to the Secretary and administrative structures.
“A budget is not merely a collection of figures. It is an expression of institutional priorities,” she said, adding that decisions on courts, personnel, training and infrastructure must be assessed against their contribution to accessible and timely justice.
Chief Justice Gwaunza also said the Commission must tender advice to Government on matters relating to the Judiciary with “courage, independence and evidence”.
She told Commissioners that the JSC’s broad composition was deliberate to ensure expertise in law, finance, human resources and administration.
“Commissioners do not sit merely as delegates protecting sectional interests. Upon assuming office, each Commissioner becomes a member of a collective constitutional body,” she said.
Commissioners were also urged to read papers, ask questions, disclose conflicts of interest and resist approving matters because they appear routine.
In separate interviews on the sidelines of the event, Commissioners pledged to uphold fairness, equity and independence in the administration of justice.
Commissioner Alice Chipo Nyamugama said she would focus on human resources matters within the JSC.
“Under the Human Resources arm, I will be expected to guide on matters to do with recruitment, matters to do with training, matters to do with discipline and maintaining the entire Human
Resources delivery value chain in the Judicial Services Commission,” Comm Nyamugama said.
She said one key lesson from the induction was the need for integrity in all processes.
“One very important thing that I also learnt is the importance of maintaining fairness, equity and transparency in everything that we do. We must also ensure that our judges and the entire staff remain independent in the discharge of their duties.”
Commissioner Bothwell Nyajeka said the induction had clarified the structure and responsibilities of the Commission.
“I have just gone through the structure of the Judicial Service Commission. Our roles and responsibilities were also explained to us, including how, as Commissioners, we can ensure that the judiciary remains independent and effective in serving the people of Zimbabwe,” Comm Nyajeka said.
He said his background would inform his contribution to the Commission. “I am a chartered accountant by training and I will be bringing in my accountant expertise to the Commission.”
Other newly inducted Commissioners include Mr Valentine Mutatu, Dr Noah Maringe and Mr Lison Ncube.
Judicial Service Commission Secretary, Dr Walter Chikwana, made a presentation on the structure of the Commission.
Constitutional Court Judge, Justice Anne-Marie Gowora, was also among senior judicial officers present.
