MAVERICK CITIZEN OP-ED: Judicial independence under threat in Zimbabwe

On Wednesday the Africa Judges and Jurists Forum issued a statement arguing that paragraph 2 of Zimbabwean Chief Justice Malaba’s memorandum of 16 July 2020 which directed Zimbabwean judges to seek approval or have their judgments seen by superiors before being handed down is unconstitutional.

He then instructed that “all heads of courts are advised to bring this information to the attention of all judges”. “In paragraph 2 I have removed the word ‘approved’ and it should read, “Before any judgment or an order of the High Court or Labour Court is issued or handed down, it should be seen by the head of court/station/division.”

“The directive is a direct and intolerable attack on the principle of independence of the judiciary derived from the principle of separation of powers between the executive, the legislator and the judiciary. The principle of the separation of powers is the cornerstone of an independent and impartial justice system,” said Justice Oagile Dingake of the Supreme Court of Papua New Guinea, formerly of the High Court of Botswana and a member of the AJJF.

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