Residents raise concerns over Supreme Court judges nomination

BULAWAYO residents have raised concerns and sought clarity on whether individuals with a political background could be nominated for appointment as judges to the High and Supreme Courts.
These concerns come after the Judicial Service Commission placed an advertisement on 17 March asking the public to nominate prospective candidates to sit on High and Supreme Court benches, as required by Section 180 of the new Constitution.
Assisting in the deliberations of the nomination process at a public meeting yesterday, legal expert Lizwe Jamela said the constitution was clear on the independence of judges.
He said according to the law, judges had to be very independent, be fair, favour no one and also uphold values of preserving justice.
"Judges live in society with us. We are not saying they must not vote but if they are dabbling into politics they automatically can't be appointed as judges. However, if they were once known to have been involved in politics but moved on, have been divorced from them and have requisite years practising law they qualified," said Jamela.

However, one participant pointed out the president who officially appointed the judges was a known leader of a political party and asked whether this would not affect the appointment process.
Jamela said the constitution had safeguarded that, as now, unlike before the nomination process was open to the public who nominated their candidates and the Justice Service Commission could make recommendations to the president.

"Previously the president, that is one person, appointed judges in consultation and in consultation does not mean he would listen to them but now he is bound to take recommendations from the Justice Service Commission.

"He is bound to appoint someone from the list drawn up. If the president considers none of the candidates suitable or 'fit and proper' the correct term specified by law the Justice Service Commission has to draw up another list from the candidates nominated. This appointment should be in line with section 184 of the constitution, which must reflect broadly the diversity and gender composition of Zimbabwe," he said.
Jamela said this public participation enhanced public confidence in judges and encouraged accountability.
"If the public is unhappy with the performance of the judges, they can approach the Justice Service Commission who would take the requisite steps in recalling the individual," he said.
The legal expert said if the public wanted to nominate their candidates they had to hurry as the deadline was April 14.
"Nomination papers can be obtained from the provincial magistrates offices in their respective towns. In Bulawayo, one can go to Tredgold building, office 138. People should first ask their preferred candidate if they want to be nominated or serve as judges, as some individuals don't have that wish. Also on the nomination papers one has to attach the persons curriculum vitae.
"After filling in the form they may post directly to the Justice Service Commission or deliver to the provincial magistrate and should be delivered to Harare before or on day of deadline.
"Criteria for the Supreme Court are as follows, an individual should be a Zimbabwean citizen, should have practised law for 10 years in the country or a country which observes Roman Dutch Law or English law while these qualification apply to the High Court, an individual can also be a non Zimbabwean and have practised law for a minimum seven years," Jamela said.
The meeting was organised by Bulawayo Agenda in partnership with Radio Dialogue, Zimbabwe Lawyers for Human Rights, Christian Legal Society and the Zimbabwe United States of America Alumni Association.