All Constitution Sections

Section 165: Principles guiding judiciary

Constitution of Zimbabwe

(1) In exercising judicial authority, members of the judiciary must be guided by the following principles—

    (a) justice must be done to all, irrespective of status;

    (b) justice must not be delayed, and to that end members of the judiciary must perform

their judicial duties efficiently and with reasonable promptness;

    (c) the role of the courts is paramount in safeguarding human rights and freedoms and the

rule of law.

(2) Members of the judiciary, individually and collectively, must respect and honour their judicial office as a public trust and must strive to enhance their independence in order to maintain public confidence in the judicial system.

(3) When making a judicial decision, a member of the judiciary must make it freely and without interference or undue influence.

(4) Members of the judiciary must not—

    (a) engage in any political activities;

    (b) hold office in or be members of any political organisation;

    (c) solicit funds for or contribute towards any political organisation; or

    (d) attend political meetings.

(5) Members of the judiciary must not solicit or accept any gift, bequest, loan or favour that may influence their judicial conduct or give the appearance of judicial impropriety.

(6) Members of the judiciary must give their judicial duties precedence over all other activities, and must not engage in any activities which interfere with or compromise their judicial duties.

(7) Members of the judiciary must take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and in particular must keep themselves abreast of developments in domestic and international law.

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AI Insights

Key Insight: Judicial Independence as the Foundation of Justice

This section establishes a comprehensive framework for judicial independence in Zimbabwe, recognizing that an impartial judiciary serves as the ultimate guardian of human rights and the rule of law. By prohibiting political involvement, mandating prompt justice, and requiring ethical conduct, these principles create a firewall between judges and external influences. The requirement for continuous professional development ensures the judiciary remains competent to address evolving legal challenges. Collectively, these provisions aim to create a judiciary that functions as a truly independent branch of government, accountable to the constitution rather than to political or personal interests.