Judicial processes will be guided by the Constitut...

Judicial processes will be guided by the Constitution: Chief Justice Malaba

Audrey Galawu

The Judiciary Service Commission 2024 legal year was launched today with Chief Justice Luke Malaba presiding over the ceremony at the Constitutional Court in Harare.

The JSC had similar events countrywide with Justice Elizabeth Gwaunza presiding over the ceremony at the Bulawayo High Court, Justice Rita Makarau in Masvingo, Justice Paddington Garwe in Mutare, President of the High Court Justice Dube in Chinhoyi.

Justice Malaba said the interconnection with the public serves to fulfil the constitutional mandate requiring the Judiciary to account to the people of Zimbabwe.

“It is with pleasure that I welcome you all to this annual ceremony, in the full knowledge that every one of us is bound by our commitment towards the effective, efficient and transparent administration of justice in Zimbabwe.

“Today’s event once more presents the Judiciary with another opportunity to discuss and lay markers along the path that it, with the support of stakeholders, intends to follow as the 2024 legal year commences. It also provides a rare chance for the Judiciary to publicly explain to the people its activities during the 2023 legal year.

“The ceremony equally affords the Judiciary the occasion to discuss with stakeholder issues affecting the administration of justice and the operations of the courts outside the confines of the courtroom,” he said.

Malaba added that the theme for this year resonates with a significant event in the history of the constitutional development of the nation.

“Zimbabwe’s current Constitution became law on 22 May, 2013. A decade has passed since the promulgation of the transformative Constitution.

“Zimbabwe is a constitutional democracy. 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 ten years of existence of the Constitution.

“The first observation to make about constitutionalism is that it is a broad and expansive concept. It is generally distinguished by respect for the principles of limited government, the rule of law, the separation of powers, democracy, and the protection of individual rights and freedoms,” he said.

He urged the judicial officers to be people of integrity and abide by the judicial code of conduct.

“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,” Malaba also said.

Last year, the construction of the Epworth Magistrates’ Court and Chikombedzi were completed with various other projects for the construction of courthouses underway at Mutawatawa, Chiredzi, Gwanda, and Cowdray Park in Bulawayo.