The Africa Judges and Jurists Forum (AJJF) would like to register its concern on the proposed passing by the House of Assembly in Zimbabwe of Constitutional Amendment No. 1 of 2017. The amendment, which seeks to give the President, the power to appoint directly the Chief Justice, the Deputy Chief Justice and the Judge President is a negative development in the evolution of Zimbabwe’s culture of constitutionalism and the judicial protection of human rights. Commenting on this development, Mr. Martin O. Masiga, the Secretary General of the Africa Judges and Jurists Forum said that the current constitutional regime relating to the appointment of judges in Zimbabwe is consistent with Zimbabwe’s regional and international obligations to establish and maintain an independent judiciary; it reflects world best practice; and is a pace-setter in the region, which should be guarded jealously and perfected instead of being abrogated.”
Under varied regional and international human rights treaties and instruments, Zimbabwe has undertaken obligations to ensure that every individual will have the right to have their cause heard by a fair, independent, competent and impartial judicial body/tribunal. Such treaties and instruments include the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations Basic Principles on the Independence of the Judiciary and the African Union’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
These instruments further require Zimbabwe to guarantee the independence of judicial bodies and judicial officers in its constitution as well as establish a legal and institutional framework that liberates the judiciary from improper influences from other branches of government and from private or partisan interests.
It is therefore the considered view of AJJF that Constitutional amendments that vest the authority for the appointment of judges into the Executive undermine the independence of the judiciary and the separation of powers. A very important way of protecting judicial processes from inappropriate and unwarranted interferences is to ensure that the appointment of judicial officers is conducted by an independent body. This practice must relate to all judicial officers, including and especially those in senior positions.
Considering the immense power that the President holds under the constitutional framework of Zimbabwe; the inadequately developed mechanisms and culture of political accountability, the amendment risks establishing a state of affairs where the judiciary will be beholden to the presidency. This will erode the independence of the judicial officers appointed under such system and such officers being the most senior managers of the judiciary, will have a cascading effect on the entire judicial organ.
Therefore the Africa Judges and Jurists Forum calls l upon the Zimbabwean government to withdraw Constitutional Amendment No 1; for Senate not to pass the Bill; and for the government of Zimbabwe to adhere to best practices spelt out in regional and international human rights instruments.