Online Reporter
Zvamaida Murwira
Senior Reporter
CONSTITUTION of Zimbabwe (Number 3) Amendment Bill is set to restore the President’s authority to appoint High Court judges, a move that bypasses the current requirement for public interviews.
Under the proposed legislation, the President will make appointments after consulting the Judicial Service Commission (JSC), a shift from the existing constitutional process.
Currently, the JSC is mandated to advertise vacancies, invite public nominations, conduct public interviews, and submit a final list of three qualified candidates to the President, from which he must make a selection.
The proposed amendment, detailed in Clause 14 of the Bill, seeks to repeal subsections of Section 180 of the current Constitution to streamline the appointment process. Government officials argue the change will introduce greater efficiency and eliminate unnecessary delays and bureaucratic hurdles.
Clause 14 of the Bill reads: “This clause repeals section 180(4), (4a) and (5) and substitutes it with the appointment of Judges after consulting the Judicial Service Commission.”
The current Section 180(4) states: “Subject to subsection (4a), whenever it is necessary to appoint a judge… the Judicial Service 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 (d) prepare a list of three qualified persons as nominees for the office; and (e) submit the list to the President, whereupon… the President must appoint one of the nominees to the office concerned.”
In a parallel reform, the Bill also proposes removing the Judicial Service Commission from the process of appointing the Prosecutor-General (PG). According to government officials, this change is intended to eliminate a potential conflict of interest and strengthen the independence of the prosecuting authority.
Under the current framework, the President appoints the Prosecutor-General on the advice of the JSC.
However, legal experts and authorities have long noted an institutional contradiction: prosecutors regularly appear before judges, yet the same commission that recommends the head of the National Prosecuting Authority of Zimbabwe (NPAZ) is also responsible for judicial appointments and oversight.
By removing the JSC from the equation, the amendment seeks to create a clearer separation between the judiciary and the prosecution, reinforcing the neutrality of the Prosecutor-General’s office.
Clause 19 of the Bill reads: “This clause removes the requirement for the President to appoint the Prosecutor-General on the advice of the Judicial Service Commission, as such an arrangement creates a potential conflict of interest where the Commission recommends a candidate for appointment.”
The proposed reform is also intended to align the Constitution with the National Prosecuting Authority Act of 2020, which formally established the NPA as an independent institution separate from the judiciary.
