Chief Justice Luke Malaba yesterday stressed the importance of judicial independence and blasted lawyers who take to social media and other fora to attack judgments that go against their clients when they are aware of legal remedies available to them to pursue their cases.
Officially opening the 2023 legal year in Harare Monday, Chief Justice Malaba said judicial independence saying it was important for the maintenance of peace, order and the rule of law.
“The common source of criticism emanated from litigants who would have had court decisions made against them,” Chief Justice Malaba said.
“The tendency is to blame lack of judicial competence for the loss. At worst, they allege corruption. Whilst the tendency to blame a judicial officer for a negative decision is understandable in the cases of self-actors who may not be aware of the available remedies for redressing the perceived wrong, it becomes a cause of concern when a legal practitioner, who is an officer of court, is involved.
“It is regrettable conduct for a legal practitioner to go on social media or to assemble a press conference to castigate a decision and insult the judicial officer because he or she made a decision against the legal practitioner’s client.
“Whilst constructive and measured criticism of court decisions are welcome and encouraged as they add value to jurisprudential development, no value is added to the justice delivery system from scandalous attacks on the integrity of judicial officers.”
A number of opposition activists including some who are lawyers, have on numerous occasions attacked the integrity of the courts whenever court decisions go against them.
Chief Justice Malaba said it was the duty of judicial officers to provide services to the public in accordance with the law.
“It is not part of the duties of officers in the judiciary to satisfy personal needs of court users. Where one is aggrieved by a decision made by the court users.
“Where one is aggrieved by a decision made by the court it is important to rely on legal processes for remedy. Insulting the courts and judicial officers will not help to have the order set aside.
“Such conduct has the effect of undermining public confidence in the judiciary. The judiciary is bound by the law to resist insidious pressure to make decisions according to public clamour, contrary to the dictates of the facts and the applicable law,” he said.
He said in similar fashion, the judiciary and other State institutions like the police and the Zimbabwe Anti-Corruption Commission, had no right to direct the National Prosecuting Authority on matters to prosecute or decline prosecution.
The Chief Justice said Section 190 of the Constitution required the Judicial Services Commission to act in a fair and transparent manner to retain public confidence.
“The need to ensure public confidence and trust in the judicial system is undoubtedly one of the reasons why the JSC must act in a just, fair and transparent manner.
“Judicial independence protects the important presumption that the judiciary does not act on instructions of other arms of the State. This, is turn, gives effect to the impartiality of the judicial officers, as they represent an objective standard upon which legal disputes can be adequately addressed,” Chief Justice Malaba said.
