By Zachary Gava
Harare, (New Ziana) – Chief Justice Elizabeth Gwaunza has urged newly sworn-in Judicial Service Commission (JSC) Commissioners to uphold judicial independence while ensuring accountability, transparency and effective administration of justice in the discharge of their constitutional mandate.
Speaking on Friday at a two-day Induction workshop for the Commissioners in Harare, Justice Gwaunza said appointment to the JSC was a constitutional trust that demanded integrity, diligence, independent thought and commitment to the interests of the people.
“Appointment to the Judicial Service Commission is a matter of constitutional trust. The office calls for independence of thought, integrity of conduct, diligence in preparation and fidelity to the purposes for which the Commission was established,” she said.
She said the decisions made by the Commission could have a direct bearing on the quality of justice experienced by members of the public, making it imperative for Commissioners to fully understand both the scope and limits of their authority.
The Chief Justice said the Commission was established under Section 189 of the Constitution and formed part of the country’s constitutional architecture for protecting, supporting and making judicial authority effective.
“Judicial authority does not exist for the personal benefit of those who exercise or support it. It is authority entrusted by the people and exercised in their name,” Justice Gwaunza said.
She said judicial service was ultimately service to Zimbabweans, including litigants, witnesses, accused persons, children whose welfare was before the courts, workers pursuing labour disputes and businesses seeking enforcement of contracts.
“Judicial service is therefore service to the people of Zimbabwe,” she said, stressing the constitutional requirement that justice must be delivered to all regardless of status and without undue delay.
Justice Gwaunza described the JSC as both a guardian and steward of the Judicial Service, saying its responsibility included protecting the institutional conditions necessary for judicial independence, providing strategic direction, promoting sound governance and ensuring disciplined implementation.
However, she drew a clear distinction between the Commission’s administrative and oversight responsibilities and the independence of judicial decision-making.
“The Commission may direct institutional purpose, administrative discipline and accountability. It does not direct judicial reasoning or judicial outcomes,” she said.
She said the Commission had to strike a balance between judicial independence and accountability, noting that the two principles were complementary rather than contradictory.
“Independence protects judicial decision-making from improper influence. Accountability ensures that public power is exercised responsibly and in accordance with the Constitution. The task is to uphold both, in their proper spheres,” she said.
The Chief Justice further challenged Commissioners to ensure that the Commission’s own processes reflected the principles of fairness and transparency that it expected from other institutions.
“The Commission cannot promote fairness through procedures that are themselves unfair. It cannot demand accountability elsewhere while avoiding accountability in its own deliberations,” she said.
Justice Gwaunza also urged Commissioners to approach their responsibilities as members of a collective constitutional body rather than representatives of sectional interests.
She said diversity within the Commission, which brings together expertise from the judiciary, legal profession, public administration, legal education, accountancy and human resources management, was important to the effective administration of justice.
“Different views should be expressed frankly but decisions must be reached with respect, constitutional discipline and a shared commitment to the administration of justice,” she said.
On corporate governance, Justice Gwaunza said the constitutional status of the JSC did not exempt Commissioners from the discipline of good governance, but instead heightened their responsibilities as custodians of public power and resources.
She urged Commissioners to disclose and properly manage actual, potential or perceived conflicts of interest, protect confidential information and ensure that decisions could withstand lawful scrutiny.
The Chief Justice also cautioned Commissioners against interfering in the day-to-day administration of the JSC, saying their role was to provide constitutional oversight, policy direction and strategic leadership while allowing the Secretary and administrative structures to implement decisions within the law.
“Commissioners must be sufficiently engaged to provide effective oversight. They must, however, avoid displacing accounting officers, managers and technical staff in the performance of operational functions,” she said.
Turning to the changing demands facing the Judicial Service, Justice Gwaunza said the Commission had to protect constitutional values while also enabling necessary institutional reforms.
She said the induction programme would help equip Commissioners with the knowledge required to work coherently from the outset, particularly as demand for data, transparency and measurable performance continued to grow.
“The institution must continue to protect judicial independence, strengthen accountability, deepen public confidence, manage resources responsibly and modernise justice delivery,” she said.
She expressed hope that the induction would strengthen the Commission’s collective capacity to provide good governance, strategic direction and faithful stewardship of the Judicial Service.
New Ziana
