JSC to recruit more judges

Fidelis Munyoro Chief Court Reporter

THE Judicial Service Commission is calling for nominations for candidates from the public to fill vacant positions for 10 judges on the High Court bench and one for the Administrative Court.

While positions in the higher courts are almost always filled by promotion of the best judges, the initial appointments to the High Court see a lot more input from the public, both with nomination and with the initial interview procedures.

In an advertisement published yesterday, the JSC is inviting members of the public to nominate eligible candidates for the High Court bench with a deadline of April 24.

The High Court has a total of 67 judges.

In terms of Section 179 of the Constitution, a person qualified for appointment as a judge of the High Court must be at least 40-years-old, have been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an officially recognised language, or have been qualified to practise as a legal practitioner in Zimbabwe or in a country in which Roman-Dutch or English and English is an officially recognised language for at least seven years and is still so qualified, and is a Zimbabwean citizen.

After meeting those basic requirements, the prospective judge then has to show they are a proper person to hold office as a judge of the High Court, which is where their personal attributes, their standing in society and the legal profession, their legal experience and background and other factors not spelled out in the Constitution come into the reckoning.

In this regard, aspiring candidates are required to submit a medical report attesting to their mental and physical fitness to be a judge. Failure to disclose required information will lead to disqualification from the interviews.

While after the constitutional amendments, public interviews are no longer required when judges are promoted from the High Court to the Supreme Court, they are still required when lawyers, which can include those already sitting as magistrates, are shortlisted for appointment to the High Court.

Over the past few years, the High Court has lost eight judges.

Two judges, Justices Martin Makonese and Webster Chinamora resigned while Justices Elijah Makomo and Owen Tagu died.

Justices Francis Bere, Erica Ndewere, Thompson Mabhikwa and Edith Mushore were removed from office after the lengthy independent tribunal procedure laid down in the Constitution was applied.

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