Staff Reporter
The Presidential Communications Department on its official Twitter handle @DeptCommsZW, cleared the air on the issue of appointment of Judges, saying the President would only act on recommendations from the Judicial Service Commission (JSC).
This follows claims by some opposition elements that President Emmerson Mnangagwa and the ruling party were abusing their two thirds majority by unnecessarily amending the Constitution.
“Contrary to claims from opposition elements, the State President will not appoint Judges on whim. Instead, he makes appointments from recommendations by the Judicial Service Commission, which is constituted by representatives drawn from Academia, Business, Civil Service, Human Resource Practitioners, Magistrates, Women’s Organisations, The Law Society of Zimbabwe and the Lawyers for Human Rights.
“As should be clear, there is a built in check-and-balance in the appointment process, with distinct interests finding expression and balance in the JSC. Again contrary to false claims peddled, public interviews are not going to be dispensed with altogether,” reads part of the tweet.
The Department went on to highlight that any and all officers aspiring to join the Bench will be subjected to a public selection process which will be televised. Once on the Bench, progression will no longer require interviews.
MDC-T legislators in the Lower House joined forces with Zanu-PF members and voted for the passage of the Bill. This however did not go down well with the MDC-Alliance officials who viewed the move as a reversal of the gains made in 2013, when the country adopted the new Constitution.
MDC-T leader Douglas Mwonzora was quick to defend his legislators arguing that most of the amendments they voted for were in the interest of the public.
The first Constitutional Amendment Bill under the new Constitution sailed through Senate when submitted for a second time with legislators from across the political divide overwhelmingly supporting its passage in a show of unity that has rarely characterised the chamber.
The Bill seeks to give the President powers to appoint the Chief Justice, the Deputy Chief Justice and the Judge President. During voting, at least 70 Senators voted for its passage while only one voted against.
The Bill was initially passed in August 2017, but the Constitutional Court nullified the process leading to its passage saying the procedure was not in conformity with provisions of the Constitution, specifically on how the two-thirds majority required was calculated.
It directed that Senate restart the process and gave the Senate the guidelines within which to pass it. Senators from both Zanu PF and MDC-T and traditional leaders led by Chiefs Council president Fortune Charumbira supported its passage in a show of unity.
The Constitutional Amendment Bill will also remove the clause for judges to be interviewed for promotion to superior courts with the process only being done at entry-level.
