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Nqobile Tshili, nqobile.tshili@chronicle.co.zw
CHIEF Justice Luke Malaba has called for enhanced collaboration among stakeholders in the justice delivery system, emphasising that the judiciary alone cannot build public confidence without the support of the entire criminal justice value chain.
Speaking at the historic official opening of the 2025 legal year in Bulawayo yesterday, Chief Justice Malaba highlighted the establishment of the National Council on Administration of the Criminal Justice System as a critical step towards expediting criminal trials and fostering co-operation.
For the first time, the opening ceremony was held outside Harare, marking a significant shift in the judiciary’s approach to inclusivity and decentralisation. This aligns with the Government’s National Development Strategy 1 (NDS1) and the Second Republic’s commitment to devolution.
The event, held under the theme: “Building Public Confidence in the Judiciary through Multi-Stakeholder Participation,” began with the inspection of the quarter guard, followed by Chief Justice Malaba addressing members of the bench, service chiefs and other key stakeholders.
Chief Justice Malaba stressed that an effective justice system requires the seamless co-operation of various stakeholders, including the police, prosecutors, witnesses and correctional services.
“While the judiciary plays a central role in the administration of justice, it must be acknowledged that there are various other stakeholders who play critical roles in the proper functioning of the justice delivery system,” he said.
“A breakdown in any part of this chain, whether it’s a failure to arrest suspects, lapses in prosecution, or the absence of witnesses, can derail the entire process and erode public confidence in the judiciary.”
The newly established council, chaired by Judge President, Justice Maria Zimba-Dube, and including Prosecutor-General, Justice Loice Matanda-Moyo, aims to address these gaps by expediting criminal trials in both magistrates’ and high courts.
Chief Justice Malaba also called for the revitalisation of community service and pre-trial diversion committees, emphasising their importance in reducing case backlogs and improving access to justice.
The Chief Justice reaffirmed the judiciary’s commitment to accountability, noting that the performance of courts and judicial officers is closely monitored through the JSC performance management system.
“Achieving this goal requires a shared commitment to fulfilling our constitutional obligations that underpin the administration of justice. The active participation and collaboration of the judiciary and its stakeholders is essential, as without this collective effort, fostering public trust in the judiciary will remain unattainable,” he said.
“The judiciary must remain exemplary, not only in its professional duties but also in the personal conduct of its officers. Judicial misconduct, if left unchecked, can undermine the public trust that is foundational to our justice system.”
Chief Justice Malaba said public confidence in the judiciary hinges on its efficiency, impartiality and adherence to constitutional principles.
“This means that the judiciary’s overall performance is subject to the evaluation of the people of Zimbabwe. As a judiciary, we acknowledge that we cannot build public confidence and trust in isolation.
“Achieving the delivery of quality justice is possible only through collaboration and partnership with all stakeholders within the justice sector,” said Chief Justice Malaba.
He said the conduct and manner in which each public institution carries out its mandate directly influences the level of confidence in the public sphere.
“The principle of public confidence is, therefore, a broad constitutional principle that governs the actions and conduct of all public officials, including judges, magistrates and other individuals presiding over courts established under Zimbabwean law,” said Chief Justice Malaba.
“The public confidence in the judiciary is reflected in the public’s belief in the efficiency, fairness and impartiality of the courts, in adherence to the rule of law, and in the protection of human rights and freedoms.”
The Chief Justice said JSC will continue to implement policies and measures that safeguard judicial independence in decision-making while ensuring accountability to the public for its rulings.
He said the measures include the rigorous monitoring of court and judicial officer performance through JSC’s performance management system.
Chief Justice Malaba said while it is impossible to entirely prevent misconduct, given human fallibility, JSC has established mechanisms to ensure that its errant members are held to account.
He said judiciary officers must be exemplary in both their professional and private lives.
“It is for that reason that the commission has taken a firm stance against corruption and judicial misconduct. If it is not nipped in the bud, judicial misconduct has the potential to undermine the very fabric upon which the public trust exists between the judiciary and the citizens is created,” said Chief Justice Malaba.
He expressed satisfaction with the judiciary’s integrity, noting that no misconduct charges were brought against judges in the previous year.
Chief Justice Malaba concluded by reiterating the judiciary’s dedication to safeguarding judicial independence while fostering partnerships to deliver quality justice.
“The active participation and collaboration of all stakeholders in the justice sector are indispensable for building public trust and ensuring the effective delivery of justice,” he said. —@nqotshili
