Midlands Correspondent
Chief Justice Elizabeth Gwaunza has reminded newly appointed High Court judges that judicial authority derives from the people of Zimbabwe and must therefore be exercised with restraint, discipline, humility and fidelity to the law.
Chief Justice Gwaunza said Section 162 of the Constitution clearly provides that judicial authority derives from the people of Zimbabwe and is vested in the courts.
She said the constitutional provision was fundamental for judges to appreciate as they assumed office, particularly given the extensive powers entrusted to them.
“That provision deserves reflection. The authority which you exercise is formidable,” she said during a three-day induction workshop for 15 newly appointed High Court judges.
“You will determine disputes involving property and livelihoods. You will determine questions concerning liberty. You will make orders binding individuals, corporations and institutions of the State.”
Added the Chief Justice: “In appropriate cases, you will determine questions concerning constitutional rights. However, that authority is not personal authority. It derives from the people.”
Chief Justice Gwaunza said the 15 judges brought diverse professional experiences to the Bench, which should be harnessed within a common judicial culture founded on constitutionalism, the law, integrity, competence and service.
“The challenge now is to bring those different experiences together within a common judicial culture founded upon the Constitution, the law, integrity, competence and service.”
She said Zimbabweans would expect the appointment of the new judges to result in a justice system that was more accessible, efficient, impartial and of high quality.
Chief Justice Gwaunza said the power vested in judges carried an equally significant responsibility, requiring them to exercise their authority with self-restraint.
“You therefore occupy an extraordinarily powerful constitutional office. But constitutional power and constitutional responsibility are two sides of the same coin,” she said.
“The greater the authority entrusted to you, the greater the obligation to exercise it with restraint, discipline, humility and fidelity to law.”
She said judicial appointment was not based solely on professional qualifications, with Section 179 of the Constitution requiring High Court judges to be “fit and proper” persons to hold judicial office.
She said the requirement encompassed honesty, integrity, impartiality, fairness, reliability, diligence and time-consciousness, as well as respect for everyone appearing before the courts.
“It means obedience to the law which you have been entrusted to administer. It means exercising self-restraint even in circumstances where an ordinary citizen might feel entitled to do otherwise,” she said.
Chief Justice Gwaunza also urged the judges to remain humble, stressing that judicial office did not make them infallible.
“A judgeship is not a declaration of infallibility. You were not appointed because you know every answer. No judge does,” she said.
She noted that judges could have their decisions overturned on appeal, saying this was part of a judicial system founded on review, correction and the development of the law.
Judicial Service Commission secretary Dr Walter Chikwana said the induction programme was intended to prepare the new judges to administer justice to all persons alike.
