The Judicial Service Commission has given public notice that it will conduct public interviews of the twelve candidates who have been validly nominated to fill the five vacancies on the Constitutional Court that have existed since 22nd May 2020. The acting appointment were made by the Chief Justice in terms of … After the interviews have been completed, the Commission must prepare a list of its nominees for submission to the President. The judge also said he has acquired vast experience on Constitutional matters given the fact that he was a consultant during the COPAC, which gave birth to the new Constitution. Justice Bartlet did not confirm his attendance. The judge gave a good account of himself when answering all the first four sets of questions to test the judges understanding of the Constitution and the apex court   functions. How these vacancies arose is explained in the paragraph headed Background to the Vacancies below. The President is obliged to make his appointments from the list, although in the unlikely event that he considers that there are not enough suitable candidates to fill the five vacancies, he can ask the JSC for a further list which will then be binding on him. Public interviews for Constitutional Court judges are currently underway at a hotel in Harare. He was made Judge President of the High Court of Zimbabwe in 2001 and promoted five years later to the Supreme Court. The prohibition was extended to apply to sentences of corporal punishment which had already been imposed but were awaiting execution. Under those transitional provisions the Constitutional Court was to consist of the Chief Justice and the Deputy Chief Justice and seven other judges of the Supreme Court sitting together as a bench to hear any constitutional case. References. The Supreme Court is the final appellate court in all non- constitutional matters. —The Herald. This, he said was an advantage to him if he is appointed to the Constitutional Court bench. en by the Chief Justice or a Judge with regard to the procedures to he followed in the conduct and disposition of cases generall) or any One of the cases is a murder trial, which had been outstanding for 15 years after being postponed indefinitely. On 3 April 2019, the Constitutional Court of Zimbabwe ruled that, with immediate effect, no male juvenile convicted of any offence could be sentenced to receive corporal punishment. The acting judges are Justices Garwe, Gowora, Hlatshwayo, Makarau and Patel, all of whom are candidates to be interviewed, and listed as “AJCC”, the abbreviation for Acting Judge of the Constitutional Court. Mr Justice Energy Chinembiri Bhunu, JA, Hon. ! He boasted a clean record. He was made Judge President of the High Court of Zimbabwe in 2001 and promoted five years later to the Supreme Court. The Supreme Court and Constitutional Court benches were split in May this year in compliance to the 2013 constitution. Justice Zukisa Laurah Lumka Tshiqi. This was the situation until  22nd May this year under the transitional provisions mentioned above, no need arose for appointments of Constitutional Court judges – because Supreme Court doubled as members of the transitional Constitutional Court. en by the Chief Justice or a Judge with regard to the procedures to he followed in the conduct and disposition of cases generall) or any ! Mr Justice David George Bartlett (Rtd), Hon. The deadline for submission of nominations was 30th June. The newly appointed judges yesterday were at the Constitutional Court for rehearsals. Constitutional Court PUBLIC interviews for Judges of the Constitutional Court were conducted in Harare this Monday with more than 10 candidates vying for the five available positions. The Judicial Services Commission’s Notice. The twelve candidates listed in the Commission’s latest notice are the nominees meeting the basic qualifications for appointment to the Constitutional Court. These public interviews constitute the third step in of the process under section 180 of the Constitution which the Commission must follow when the appointment of a judge other than the Chief Justice, the Deputy Chief Justice or the Judge President of the High Court is required. Following the invitation to members of the public and to His Excellency, the President, to nominate suitably qualified persons for appointment to five (5) positions of Judge of the Constitutional Court, in terms of section 180 (4)(b) of the Constitution, the Judicial Service Commission received twelve (12) valid nominations. Further details – names of the candidates, times etc – are given in the Commission’s notice, the full text of which is set out at the end of this bulletin. The Chief Justice sought to know why Justice Bhunu could not manage the case since it was before him and ensure that it had been disposed of. Zimbabwe Voice notices you have turned on ad blocker. Mr Justice Paddington Shadreck Garwe, AJCC, Hon. On the 22nd of May 2020,The Judicial Service Commission of Zimbabwe will witness the official separation of the Constitutional Court and Supreme Court.Play the video below for more details.....Its an event not to MISS!!!! In 2013, he became a judge of the Constitutional Court. Anyone with queries or who requires more information on the interviews may visit the Judicial Service Commission, 2nd Floor, Causeway Building, Central Avenue, Harare; contact us on telephone numbers 0242-706260/704118 or send an email to info@jsc.org.zw. 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Two Constitutional Court judges appointed by the head of state to the Court of Cassation are also challenging their departure. He said in some of the cases there were no issues between the parties involved. The accused could have died in prison,” he said. All rights reserved. The five, however, remain substantive judges of the Supreme Court. The acting judges are Justices Garwe, Gowora, Hlatshwayo, Makarau and Patel, all of whom are candidates to be interviewed, and listed as “AJCC”, the abbreviation for Acting Judge of the Constitutional Court. This court is headed by the Chief Justice of the court and holds the maximum power and jurisdiction in the country. White man Darryl Collet forms …. ZIMBABWE’S new kid on the political block, The Patriotic Front (TPF), has …. Reid-Rowland Chapter 27. Latest news headlines from Zimbabwe Situation, Source: Public interviews for five constitutional court judges – The Zimbabwean, Public Interviews for Five Constitutional Court Judges. 2015(2) CONSTITUTIONAL/SUPREME COURT; HIGH COURT; 2016(1) CONSTITUTIONAL/SUPREME COURT ; HIGH COURT ; 2016(2) CONSTITUTIONAL/SUPREME COURT ; HIGH COURT ; 2017(1) CONSTITUTIONAL/SUPREME COURT ; HIGH COURT ; Courts. Chief Justice Luke Malaba, who presided over the historic separation ceremony, said the new Constitution gave the government a seven year grace period which lapsed on May 22, 2020, to separate the two courts. 6 months ago. Chief Justice Luke Malaba will lead a cast of eight judges picked from the 14 Supreme Court judges. But the Chief Justice responded by saying that the death of an accused in prison did not mean the death of the case. Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers But there were no existing judges who had been appointed specifically as judges of the Constitutional Court – those Supreme Court judges who had been members of the Constitutional Court had done so under the expired transitional provisions of the Constitution, not by virtue of specific appointments as judges of the Constitutional Court. The Constitutional Court’s jurisdiction is limited only to constitutional matters. Chapter 8 of the final Constitution, entitled "Courts and Administration of Justice", sets out the structure of South Africa's court system and defines the role of each court. Bijoe Emmanuel v. … The court’s decision comes four years after Mathew Sogolani applied to the court on the basis of the national pledge’s unconstitutionality. The Constitutional Court says Chamisa failed to make a case through providing primary evidence to show that he had won the election. The five, however, remain substantive judges of the Supreme Court. Mrs Justice Rita Tambudzai Makarau, AJCC. Eight candidates participated in the interviews held at a city hotel and was streamed live on ZBC TV to fill the five posts. THE Judicial Service Commission (JSC) yesterday held interviews to select five judges for the Constitutional Court (Concourt) bench in compliance with the 2013 Constitution, which requires the separation of judicial personnel manning the apex court and the Supreme Court. 1 Justices. 3 See also. The Constitutional Court thereupon became an entirely separate court, staffed with its own judges in accordance with section 166 of the Constitution. It has jurisdiction over alleged violations of fundamental rights which are guaranteed by and in the constitution of Zimbabwe. 4 References. The Judicial Services Commission’s Notice, INTERVIEWS IN PUBLIC OF CANDIDATES NOMINATED FOR THE FIVE (5), POSITIONS OF JUDGE OF THE CONSTITUTIONAL COURT OF ZIMBABWE. Its place was taken by the permanent provisions of section 166 of the Constitution, under which the Constitutional Court is an entirely separate court consisting of   the Chief Justice, the Deputy Chief Justice and “five other judges of the Constitutional Court”, i.e., judges appointed specifically as judges of the Constitutional Court. Justice Anne-Mary Gowora, Mr Smart Mirirai, Justice Bharat Patel and Justice Happias Zhou were also interviewed yesterday. Judges have accused the Chief Justice, Luke Malaba, of overseeing court judgements, many of which are operating out of fear of going against the government line rather than being objective. Kindly turn it off to access our content, as we rely on ads revenue to keep operating. See also. “The independence and effectiveness of the courts are central to the rule of law and governance,” reads Section 164 (2), of the Zimbabwe constitution. For five appointments a longer list will necessarily be required. He also participated in the 1999 constitution making process which resulted in the rejection of the draft document the following year. Besides this court, there are many at lower levels, thus forming a hierarchy of courts. Required fields are marked *. Supreme Court judge, Justice Chinembiri Bhunu was the first to face the interviewing panel led by Chief Justice Luke Malaba. Nine Constitutional Court (ConCourt) judges will today preside over a matter which will decide on who will lead Zimbabwe for the next five years. The interviews conducted by the Judiciary Service Commission (JSC) seek to fill five available posts from 12 shortlisted candidates. Justice Leona Theron. Section 165 says the judicial authority of South Africa is vested in the courts, which are independent and subject only to the Constitution … Sources inside Félix Tshisekedi’s entourage blame Nehemiah Mwilanya, the coordinator of the FCC, as well as Jeanine Mabunda and Alexis Thambwe Mwamba, for forming a bloc of “radicals” that would block the FCC-Cach (Cape for Change) coalition, … In the past, chosen judges of the Supreme Court had the dual role of serving as Constitutional Court judges whenever issues arose. Chief Justice Luke Malaba, who presided over the historic separation ceremony, said the new Constitution gave the government a seven year grace period which lapsed on May 22, 2020, to separate the two courts. The acting judges are Justices Garwe, Gowora, Hlatshwayo, Makarau and Patel, all of whom are candidates to be interviewed, and listed as “AJCC”, the abbreviation for Acting Judge of the … Bijoe Emmanuel v. … © 2000 – 2020 Zimbabwe Situation Willard Chokuramba, CCZ 10/19, Constitutional Application No. This decision from the Zimbabwe Constitutional Court confirmed the 2014 judgment by the Harare High Court which had found that judicial corporal punishment violated section 53 of the Constitution … In Zimbabwe, the Constitutional Court is the only court with power to determine disputes arising from presidential elections. The first two steps have already been taken. However, just like Justice Bhunu, the judge also had several outstanding cases which he tried to explain the reasons for the delay. The Constitutional Court of Zimbabwe on Monday ruled that the country’s national pledge was an unconstitutional violation of school children’s right to freedom of conscience and parental rights.. Until Friday 22nd May 2020 – the seventh anniversary of the partial coming into force of the 2013 Constitution on 22nd May 2013 – the composition of the Constitutional Court was regulated by the transitional provisions of paragraph 18(2) and (3) of the Sixth Schedule to the Constitution. Justice Rita Makarau faired well as she managed to answer all the questions without much strain. Chief Justice Luke Malaba will lead a cast of eight judges picked from the 14 Supreme Court judges. On the 22nd of May 2020,The Judicial Service Commission of Zimbabwe will witness the official separation of the Constitutional Court and Supreme Court.Play the video below for more details.....Its an event not to MISS!!!! Although there were 12 candidates shortlisted, four of them could not take part because they either withdrew or did not confirm their attendance, while one who is said to be abroad could not travel for the interviews due to Covid-19. In 2013, he became a judge of the Constitutional Court. JUDGES OF SUPERIOR COURTS. For the Rhodesian justices, the appointment date indicates the date they were appointed to … He was able to articulate the question on judicial accountability. In an acclaimed new building at Constitution Hill, the 11 judges stand guard over the Constitution and protect everyone's human rights. Judges have accused the Chief Justice, Luke Malaba, of overseeing court judgements, many of which are operating out of fear of going against the government line rather than being objective. For a single appointment, a list of three nominees is required, but no more. CCZ 29/15. The interviewing panel included Chief Justice Malaba, Deputy Chief Justice Elizabeth Gwaunza, Judge President George Chiweshe and Attorney-General Advocate Prince Machaya, among others. The Constitutional Court is the highest court on constitutional matters in Zimbabwe and its decisions binds all other courts. The highest court in the country is the Constitutional court which was introduced by the Constitution of Zimbabwe. Notable cases. PUBLIC interviews for Judges of the Constitutional Court were conducted in Harare this Monday with more than 10 candidates vying for the five available positions. As a temporary expedient the Chief Justice appointed the five senior judges of the Supreme Court to act as judges of the Constitutional Court pending the making of substantive appointments. As a temporary expedient the Chief Justice appointed the five senior judges of the Supreme Court to act as judges of the Constitutional Court pending the making of substantive appointments. Justice Nonkosi Zoliswa Mhlantla. The acting appointment were made by the Chief Justice in terms of section 166(2) of the Constitution: “(2)  If the services of an acting judge are required on the Constitutional Court for a limited period, the Chief Justice may appoint a judge or a former judge to act as a judge of the Constitutional Court for that period.”. The JSC’s list must be long enough to allow the President a limited choice when making the appointments. Supreme Court of Zimbabwe. His explanation was that the accused person died in prison and had postponed the case to allow the State to file death certificate, which has not been done to date. Judges may not create new crimes, although the courts can declare an existing crime to be void on the basis that it violates the Constitution. The interviews are open to the media and members of the public but remain subject to adherence to COVID-19 health regulations. Supreme Court; Harare High Court; Constitutional Court; Bulawayo High Court; Subscribe Online. The Commission shall post a detailed programme of events at the venue of the interviews. Of the 12 shortlisted candidates, Justice Donald Stevenson Corke is out of the country and was unable to attend the interview while Justice Charles Hungwe voluntarily pulled out of the race. Justice Mbuyiseli Madlanga. Chief Justice Malaba and Deputy Chief Justice Gwaunza, therefore, automatically became judges of the new, separate Constitutional Court ex officio. Radical block. It also became slightly smaller, with only seven members: the Chief Justice and Deputy Chief Justice and five other judges appointed in accordance with section 180 of the Constitution. INTERVIEWS IN PUBLIC OF CANDIDATES NOMINATED FOR THE FIVE (5) POSITIONS OF JUDGE OF THE CONSTITUTIONAL COURT OF ZIMBABWE In the past, chosen judges of the Supreme Court had the dual role of serving as Constitutional Court judges whenever issues arose. He said a judge cannot place his responsibility on other players in the justice delivery system. The judge who had garnered enough layers of experience as a career judicial officer having risen through the ranks from the magistrates’ court, High Court, Supreme Court and now acting judge of the Constitution Court said he did not anticipate any challenges in the execution of his duties if he were to become a Concourt judge. Justice Chris Jafta. Chief Justice Malaba said given the new order it had become necessary to increase the number of judges in the Supreme Court. Contents. Justice Steven Arnold Majiedt. Constitutional Court of SA This court, the highest court in South Africa, was born of the country's first democratic Constitution in 1994. 2 Notable cases. Ex-Mugabe Ministers jostle to rejoin Zanu-PF. The following is a detailed description of the Zimbabwe Court hierarchy, which you can read for your own reference. Constitutional Court and Supreme Court of Zimbabwe The judgment makes references to Indian Supreme Court judgments viz. The interviews conducted by the Judiciary Service Commission (JSC) seek to fill five available posts from 12 shortlisted candidates. 1 of 2017, which gives the President powers to appoint the Chief Justice, the Deputy Chief Justice and the Judge President, after the Constitutional Court ruled that the procedure was not in conformity with the Constitution. He also cited other reasons that prevented him from disposing of the matter. The interviews will take place on Monday 7th September to Wednesday 9th September at Meikles Hotel in Harare. Constitutional provisions Section 70(5) of the Constitution provides that a person who has been tried and convicted of an offence has the right, subject to reasonable restrictions that may be prescribed by law, to appeal to a higher court against the conviction and sentence. Justice Sisi Khampepe. Second to be interviewed was Justice Paddington Garwe. Kuvimba primed to anchor key mining projects, Public interviews for five constitutional court judges, Ramaphosa’s Zim intervention gets off to a shaky start, Hon. Chamisa wanted the court to confirmhis confirmation as the duly elected President of Zimbabwe. Starting at 0830hrs on Monday 7 September to Wednesday 9 September 2020, at The Meikles Hotel in Harare, the Commission will conduct interviews in public for the following 12 candidates: –. Due to Covid-19 regulations, the public cannot attend but proceedings are being beamed on ZBC TV and a number of online platforms. Your email address will not be published. Army Commander warns greedy, …. “That case is not an outstanding case. Constitutional Court and Supreme Court of Zimbabwe The judgment makes references to Indian Supreme Court judgments viz. Your email address will not be published. Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied. The Senate will have to restart the process of passing Constitutional Amendment No. Also on Zimbabwe Voice. “The independence and effectiveness of the courts are central to the rule of law and governance,” reads Section 164 (2), of the Zimbabwe constitution. However, the judge could not explain why he had several judgments and cases uncompleted when he was still a High Court judge. Justices. Budiriro demolitions: … The bench will be comprised of seven judges, Chief Justice Luke Malaba and his deputy Justice Elizabeth Gwaunza who have automatic seats as per regulations as well those who will emerge successful from the ongoing process. Justice Ben Hlatshwayo acquitted himself well. On the 22nd May this year this transitional arrangement expired automatically by operation of law. Of the eight candidates who took part in the interviews, five are currently acting judges of the Constitutional Court, one Supreme Court judge, one High Court judge and a lawyer from police legal department. In early June the vacancies were advertised and invitations issued to members of the public and the President to make nominations [see Court Watch 9/2020 of 5th June [link]].