All Constitution Sections

Section 189: Establishment and composition of Judicial Service Commission

Constitution of Zimbabwe

(1) There is a Judicial Service Commission consisting of—

    (a) the Chief Justice;

    (b) the Deputy Chief Justice;

    (c) the Judge President of the High Court;

    (d) one judge nominated by the judges of the Constitutional Court, the Supreme Court, the

High Court, the Labour Court and the Administrative Court;

    (e) the Attorney-General;

    (f) the chief magistrate;

    (g) the chairperson of the Public Service Commission;

[Paragraph amended by s. 25 of Act No. 2 of 2021]

    (h) three practising legal practitioners of at least seven years’ experience designated by the

association, constituted under an Act of Parliament, which represents legal

practitioners in Zimbabwe;

          (i) one professor or senior lecturer of law designated by an association representing the

majority of the teachers of law at Zimbabwean universities or, in the absence of such

an association, appointed by the President;

    (j) one person who for at least seven years has practised in Zimbabwe as a public

accountant or auditor, and who is designated by an association, constituted under an

Act of Parliament, which represents such persons; and

    (k) one person with at least seven years’ experience in human resources management,

appointed by the President.

(2) The Chief Justice or, in his or her absence, the Deputy Chief Justice presides at meetings of the Judicial Service Commission, and in the absence of both of them at any meeting the members present elect one of their number to preside at the meeting.

(3) The members of the Judicial Service Commission referred to in paragraphs (d), (h),           (i) ,     (j) and     (k) of subsection (1) are appointed for one non-renewable term of six years.

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AI Insights

This section establishes the Judicial Service Commission (JSC) with a diverse composition that balances different legal perspectives. The JSC includes top judicial officials (Chief Justice, Deputy Chief Justice), representatives from various courts, legal practitioners, academics, and professionals with accounting and human resources expertise. This diversity ensures comprehensive oversight of judicial affairs. The limited six-year non-renewable terms for certain members promotes fresh perspectives while preventing entrenchment of power. The JSC's structure reflects an attempt to maintain judicial independence through broad representation across the legal system.