Zimbabwe faces backlash after cancelling Judges' workshop

Zimbabwe found itself at the center of international attention last week, but for controversial reasons, after the government was forced to cancel a planned workshop for judges initiated by the Executive. The two-day workshop, focused on Integrated Results-Based Management (IRBM), had sparked widespread criticism for perceived threats to judicial independence.

The cancelled event was scheduled to feature speeches from prominent figures closely linked to the ruling party and government security apparatus, including Ishmael Mada, principal of Zanu-PF's Chitepo School of Ideology, Fulton Mangwanya, director-general of the Central Intelligence Organisation (CIO), and George Guvamatanga, Permanent Secretary for Finance, Economic Development and Investment Promotion.

In a formal memo announcing the cancellation, Chief Justice Luke Malaba emphasized that the Judiciary had been engaged in ongoing consultations with the Office of the President and Cabinet (OPC) to ensure that any training programme would respect constitutional guarantees of judicial independence.

"Following initial consultations and continued discussions with OPC on the implementation framework, a decision has been taken to cancel the IRBM training," Malaba stated, "with a view to developing programme content administered by the Judiciary, suitable to the requirement for judicial independence."

The controversy mainly stemmed from concerns over the involvement of figures such as Mada and Mangwanya, whose roles are strongly linked to the ruling party and state security respectively. Critics feared their participation would undermine the impartiality and autonomy of the courts by exerting political influence over the Judiciary.

Observers pointed out that the Executive's apparent attempt to "control" the Judiciary under the guise of a training workshop violated the constitutional principle of the separation of powers. The Judiciary, along with the Executive and Legislature, form the three independent arms of the State, each with distinct functions designed to provide checks and balances.

While the Executive manages government operations and the Legislature crafts laws, the Judiciary is charged with interpreting these laws impartially. This separation is fundamental to Zimbabwe's constitutional democracy.

The Constitution explicitly safeguards judicial independence. Section 164(1) declares that courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear or favor. It prohibits interference by the State or any government agency in the functioning of the courts and mandates that the State provide protection to ensure judicial independence, impartiality, dignity, accessibility, and effectiveness.

The cancellation of the workshop has been widely welcomed by advocates of judicial independence who warned against any encroachment by the Executive on the Judiciary's role as the ultimate guardian of the rule of law.

Zimbabwe's legal community and civil society groups have urged the government to respect constitutional boundaries and refrain from using its influence to compromise the courts. They emphasize that citizens must have confidence that the Judiciary will uphold justice without bias or external pressure.

As Zimbabwe navigates its democratic path, the independence of the courts remains a cornerstone for ensuring that justice prevails and that no arm of government overrides the rule of law.