Online Reporter
Fidelis Munyoro
Chief Court Reporter
Last year marked a transformative and historic milestone for the Judiciary Service Commission (JSC), redefining its role as a trailblazer in justice delivery and judicial reform.
The JSC, steadfast in its mission to enhance justice delivery, concluded the year on a triumphant note, hosting two major continental conferences that placed Zimbabwe at the epicentre of judicial and constitutional discourse in Africa.
From championing electoral justice to advancing constitutionalism, the JSC not only showcased its leadership on the African stage but also embarked on domestic reforms that strengthened the country’s justice system.
Zimbabwe’s judicial leadership earned continental acclaim by hosting two high-profile events in Victoria Falls: the third annual Africa Electoral Justice Network (AEJN) symposium on electoral justice and the 7th conference of Constitutional Jurisdictions of Africa (CJCA).
The conferences brought together legal luminaries from across the continent, fostering unity in addressing challenges and charting paths towards strengthening democracy, constitutionalism, and human dignity.
The AEJN symposium, held early in the year, was a resounding success. Judges, electoral experts, and legal scholars converged to address the pressing need for robust electoral laws that would uphold the principles of democracy and reduce the risk of unrest, including coups.
With 24 harmonised elections scheduled across Africa last year, the symposium served as a litmus test for the continent’s commitment to electoral justice.
Prominent voices at the symposium included Dr Khabele Matlosa, former director of Political Affairs at the African Union Commission and the architect of the Africa Charter on Democracy, Elections, and Governance.
Dr Matlosa painted a sobering picture of Africa’s struggles with coups, even as the African Union advanced its “silencing the guns” strategy. Yet, there were glimmers of hope: Kenya and Malawi, praised as trailblazers in promoting electoral justice, emerged as models for the continent. The discussions also highlighted the challenges posed by the digital age, as outlined in the 2019 report on the Global State of Democracy.
Issues such as misinformation on social media, waning voter turnout, and public disillusionment with leadership were analysed in depth. Zimbabwe’s Chief Justice Luke Malaba underscored the indispensability of the rule of law in electoral processes, asserting that no election could be held outside the dictates of the law. His powerful assertion that constitutionalism embodies a nation’s cultural ethos resonated deeply with the attendees.
The CJCA conference, another milestone for Zimbabwe, was attended by at least 40 chief justices from across Africa, further cementing Zimbabwe’s reputation as a hub for judicial collaboration.
This prestigious gathering aimed to promote universal values of democracy, the rule of law, and human rights as enshrined in African constitutions and the Constitutive Act of the African Union.
At the conference, Chief Justice Malaba assumed the chairmanship of the CJCA, a position he described as both an honor and a responsibility. His tenure is expected to focus on entrenching constitutionalism across Africa.
“The entrenchment of constitutionalism is a process founded on continuous efforts to adhere to its principles,” he remarked, emphasising the importance of sustained commitment to these ideals. The conference was also a celebration of Zimbabwe’s 10-year anniversary since adopting its 2013 Constitution.
Chief Justice Malaba lauded the discussions, noting their rich intellectual contributions and their emphasis on human dignity as the cornerstone of all constitutional processes. He called the gathering a “call to action” to uphold dignity in all aspects of life, reinforcing the judiciary’s role as the custodian of justice and democratic values.
Beyond hosting continental gatherings, Zimbabwe’s judiciary engaged in meaningful exchanges with neighbouring countries.
In March, a 10-member delegation from Zambia’s Judicial Service Commission visited Zimbabwe to study its performance management systems. Led by Chief Administrator Ms Nalishebo Imataa, the Zambian delegation sought to replicate Zimbabwe’s efficient systems to enhance their own judiciary. Chief Justice Malaba warmly welcomed the delegation, emphasising that the judiciary’s ultimate purpose is to serve the people.
He highlighted the importance of scientific management systems in ensuring accountability, efficiency, and adherence to principles and standards. Ms Imataa expressed gratitude for the insights gained, vowing to apply the lessons learned back in Zambia.
Similarly, in September, a Mozambican judicial delegation visited Zimbabwe to benchmark its juvenile justice system. Led by Mozambique’s Deputy Chief Justice Joao Antonio da Assuncoa Beirao, the delegation met stakeholders involved in child justice.
Chief Justice Malaba detailed Zimbabwe’s reforms to align with international child-specific legal instruments, demonstrating the country’s commitment to protecting the rights of its most vulnerable citizens. On the domestic front, the JSC made significant strides in fortifying the judiciary. Last year, 10 new judges were appointed to the High Court bench, alongside one new judge for the Administrative Court, following rigorous public interviews of 39 candidates.
The appointments aimed to fill vacancies left by judges who had died, resigned, or retired. The new High Court judges included Justices Faith Mushure, Ngoni Nduna, Regis Demure, Philipa Phillips, Gibson Mandaza, Joel Mambara, Naison Chivayo, Vivian Ndlovu, Sijabuliso Siziba, and Mpokiseng Dube, while Mr Maxwell Kaitano assumed the role of Administrative Court judge.
Additionally, Justice Garainesu Mawadze was appointed Deputy Judge President, complementing the leadership of High Court Judge President Justice Mary Zimba-Dube.
The appointments reflected the JSC’s commitment to maintaining a robust judiciary capable of delivering justice efficiently. The process underscored transparency and meritocracy, as the candidates were selected following public interviews designed to ensure accountability. Access to justice remained a cornerstone of the JSC’s reforms.
In 2024, as part of decentralisation of the judiciary to improving service delivery, the JSC commissioned Chiredzi and Triangle Magistrate Courts. These courts aim to address the long-standing issue of limited access to judicial services, particularly for citizens in remote areas. Looking ahead, the JSC’s ambitious infrastructure programme includes the construction of eight new magistrates’ courts in key locations such as Gwanda, Mutawatawa, Cowdray Park (Bulawayo), Beatrice, Banket, Brunapeg, Kwekwe, and Mabvuku (Harare).
Over the past decade, the JSC has established 35 new courts, an impressive achievement that underscores its dedication to ensuring that justice is both accessible and efficient.
As 2024 drew to a close, the JSC stood as a beacon of judicial excellence in Africa, its achievements a testament to its unwavering commitment to justice, democracy, and constitutionalism. Whether through hosting continental conferences, fostering regional partnerships, or implementing domestic reforms, the commission has demonstrated leadership and innovation in addressing the challenges facing modern judiciaries.
The hosting of the AEJN symposium and the CJCA conference not only elevated Zimbabwe’s stature on the international stage but also reinforced the nation’s commitment to upholding the rule of law. Chief Justice Malaba’s chairmanship of the CJCA promises to further this legacy, as he works to promote constitutional justice across Africa.
Domestically, the appointment of new judges and the expansion of judicial infrastructure signal a judiciary that is forward-looking and people-centric. By decentralising its operations and embracing modern management systems, the JSC is ensuring that justice is not a privilege but a right accessible to all Zimbabweans.
As the country enters 2025, the JSC’s accomplishments stand as a powerful reminder of what is possible when vision meets action.
The commission’s efforts have not only strengthened the country’s judicial framework but have also inspired hope for a brighter, fairer future for all.
daniel chigunwe
