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Zvikomborero Parafini
CHIEF Justice Luke Malaba says the Judicial Service Commission (JSC) has taken a leading role in marking the 10th anniversary of the country’s Constitution under the theme “The role of the Judiciary in entrenching constitutionalism”.
This commemorates the country’s promulgation of a transformative Constitution in May 2013.
Officially opening the 2024 Legal Year, Chief Justice Malaba said the Judiciary plays a “critical role” in upholding constitutional principles and values, and ensuring that the State and all agencies conform to the Constitution.
He said Zimbabwe was a constitutional democracy, and objective governance was governed by laws, rules, conduct and policies that are subservient to the Constitution.
He urged judicial officers to be agents of constitutionalism through the observance of principles that guide the Judiciary and to serve as gatekeepers of the Constitution.
He said the JSC had chosen a theme that resonates with the significant event in the history of the constitutional development of the nation which became law in May 2013 and a decade has passed since the promulgation of the Constitution.
“Zimbabwe is a constitutional democracy and the implication is that governance is premised on laws, rules, conduct and policies which are all subservient to the Constitution.
“The Judiciary plays a critical role in that regard. It safeguards the principles and the values of the Constitution, including ensuring that the State and all its agencies act in strict compliance with and in conformity to the Constitution.
“The JSC found it befitting and proper that the Judiciary takes the lead in celebrating the 10 years of existence of the Constitution,” said Chief Justice Malaba.
He further said the Constitution was created with the interests of the people in mind and implored all judicial officers, magistrates and judges to be agents of constitutionalism through observance of the principles that guide the judiciary as 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.”
He added that it’s regrettable that last year, the judiciary lost judges and magistrates after the invocation of mandatory disciplinary measures necessitated by the doctrine of constitutionalism.
Former High Court judge, Justice Webster Chinamhora, resigned from the bench ahead of an inquiry into his suitability to hold office following the compilation of a damning dossier by the JSC alleging a litany of transgressions in the course of his duties.
Chief Justice Malaba also announced that Zimbabwe will be hosting two constitutional conferences this year; the African Electoral Justice Network third annual meeting and the Seventh Conference of the Constitutional Jurisdictions of Africa this month and October respectively.
The official opening of the legal year was attended by Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, Prosecutor General Loice Matanda-Moyo, Attorney General Virginia Mabhiza, Justice Ministry permanent secretary, Vimbai Nyemba, Chief Magistrate Faith Mushure, JSC executive secretary Walter Chikwana, judges of the superior courts, advocates of the superior courts, service chiefs and lawyers.
Online Reporter