Harare, (New Ziana) – Chief Justice Luke Malaba has called for unwavering judicial integrity and strict adherence to the rule of law, warning that any compromise by the bench threatens the very foundation of constitutional democracy.
Addressing judges in Windhoek, Namibia on Tuesday, Malaba delivered a public lecture that placed the judicial oath at the centre of safeguarding justice and public trust.
Speaking under the theme “The Rule of Law and the Judicial Oath,” Malaba said judges are bound not only by legal texts, but by a solemn moral commitment to uphold justice without fear, favour or prejudice.
“The judicial oath is not a ceremonial formality. It is a binding promise that defines the character of judicial authority and the legitimacy of the courts,” he said.
He added that the rule of law remains the bedrock of democratic governance, warning that its erosion often begins subtly when those entrusted with interpreting the law deviate from their constitutional mandate.
“Once the rule of law is weakened, arbitrariness replaces order, and the rights of citizens become vulnerable,” he said.
Malaba told his audience that judicial independence should be fiercely protected, not only from external interference but also from internal weaknesses.
According to Malaba, judicial independence is sustained by ethical discipline and a deep understanding of the oath that judges take upon assuming office.
“Judicial independence is not a privilege for judges, it is a right of the people. It ensures that disputes are resolved fairly and in accordance with the law,” he explained.
Malaba also highlighted the importance of accountability within the judiciary, arguing that independence should not be mistaken for impunity.
He said judges should remain conscious that their decisions have far-reaching consequences on society and should therefore be guided by constitutional values at all times
“The authority of the courts is derived from public confidence, and that confidence is earned through consistent adherence to the rule of law,” he said.
Malaba further warned against the politicization of the judiciary, describing it as a major threat to justice systems across the world, and urged judges to resist pressures that could compromise their impartiality.
“A judge must stand firm even when confronted with political, social or economic pressures. The oath demands courage and fidelity to the Constitution above all else,” he said.
He also reflected on the evolving role of courts in modern societies, noting that judges are increasingly called upon to interpret complex constitutional issues, which requires continuous learning and a firm grounding in legal principles.
“The administration of justice in contemporary times calls for intellectual vigilance and ethical steadfastness,” he said.
The lecture reinforced the critical role of the judiciary in maintaining democratic order, with Malaba’s message serving as both a reminder and a challenge to judges to uphold the highest standards of justice.
New Ziana
