Beatrice Mtetwa slams CJ Malaba

Renowned human rights lawyer Beatrice Mtetwa has sharply criticised Chief Justice Luke Malaba and other members of the Judicial Service Commission (JSC) over what she describes as the "haranguing, humiliation, and belittling" of candidates during public interviews for judicial appointments.

In a hard-hitting open letter addressed to the JSC, Mtetwa expressed dismay at the treatment of candidates interviewed for eight positions on the Labour Court, arguing that the process had become abusive and counterproductive, undermining the integrity of Zimbabwe's judicial system.

"As the interviews progressed, I became increasingly concerned that a process meant to promote transparency and accountability has turned into a public spectacle where candidates are embarrassed and degraded," Mtetwa wrote.

She singled out Chief Justice Malaba, the chairman of the JSC, as appearing to lead the aggressive line of questioning, saying it was especially troubling coming from the highest-ranking judicial officer in the land.

"Grown men and women, who are professionals, were treated worse than school children," she said. "What ought to have been dealt with as internal performance issues were thrown at candidates in a manner that violated their personal dignity."

Mtetwa, a former president of the Law Society of Zimbabwe and a globally respected legal practitioner, warned that the conduct of the interviews would discourage qualified legal professionals from submitting themselves for judicial office. "No self-respecting competent lawyer will want to subject themselves to the haranguing that currently passes for judicial interviews," she said.

She also condemned what she described as inappropriate and constitutionally improper questioning from commissioners, such as asking magistrates to explain why they had denied remand or granted bail to accused persons. "This is the height of impropriety," Mtetwa said, stressing that such questions undermine judicial independence and could intimidate magistrates into decisions motivated by fear rather than legal merit.

The lawyer also criticised the structure and fairness of the entire interview process, which she argued lacks genuine transparency. "The secrecy of the score sheets, the names submitted to the President, and the public humiliation of candidates all compromise the legitimacy of the appointments," she wrote.

Mtetwa warned that the hostile tone and perceived bias in the interviews would erode public trust in the judiciary and damage the morale of judicial officers. "How do these men and women go back to their families, whose excitement was that one of them would be interviewed for the prestigious position of judge, when they've been humiliated on a public platform?"

She concluded by calling on the legal profession to take a united stand against what she termed a "charade," drawing parallels to the public outcry in South Africa when political figures attempted to hijack their own judicial interview process.

"The Chief Justice owes it to the people of Zimbabwe to ensure a judicial appointment process that attracts the best legal minds. What we have now is a public deterrent," Mtetwa said.

The JSC has not yet responded to the letter, which has been widely circulated in legal and civic circles.