CARMEL RICKARD: How to pick a judge
In Zimbabwe, anyone may nominate a candidate for the position of chief justice — but not for long, if Vice-President Emmerson Mnangagwa has his way
Luke Malaba was sworn in as chief justice of Zimbabwe last week, and the sky did not fall. This despite determined legal and parliamentary interventions to halt the chief justice selection process, labelled "unsuitable" by a powerful contender for presidential office. Vice-president Emmerson Mnangagwa, who also oversees the ministry of justice, wants to change the way top judicial appointments are made, scrapping the transparent and accountable system introduced by Zimbabwe’s constitution, finalised just four years ago. He wants to replace it with the SA system that hands the president virtually unfettered powers to choose the chief justice and the deputy chief justice. Under the Zimbabwean system, anyone may nominate a candidate for the positions of chief justice and deputy chief justice. The judicial service commission (JSC) interviews nominees in public and presents the president with a list of three ranked names from which to select a preferred candidate.
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