Section 164: Independence of judiciary
Constitution of Zimbabwe
(1) The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice.
(2) The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore—
(a) neither the State nor any institution or agency of the government at any level, and no
other person, may interfere with the functioning of the courts;
(b) the State, through legislative and other measures, must assist and protect the courts to
ensure their independence, impartiality, dignity, accessibility and effectiveness and to
ensure that they comply with the principles set out in section 165.
(3) An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them.
(4) Nothing in this section is to be construed as preventing an Act of Parliament from vesting functions other than adjudicating functions in a member of the judiciary, provided that the exercise of those functions does not compromise the independence of the judicial officer
concerned in the performance of his or her judicial functions and does not compromise the independence of the judiciary in general.
Key Insight on Judicial Independence
This section establishes a firewall between the judiciary and other branches of government, ensuring courts can function without external pressure. It's significant because it not only prohibits interference but also creates an affirmative duty for the State to actively protect judicial independence through "legislative and other measures." This dual approach (prohibition plus protection) creates a stronger constitutional safeguard for the rule of law than many comparable constitutions that only prohibit interference.