Chief Justice Luke Malaba
By Dickson Bandera
Chief Justice Luke Malaba today opened the 2024 Legal Year where he presented to the nation the judiciary action plan for the year 2024.
The 2024 legal year coincides with the 10th Anniversary of the Constitution of Zimbabwe which came into effect in 2013, hence the theme, “The role of the judiciary in entrenching constitutionalism.”
Addressing the nation at the 2024 Legal Year opening ceremony held at the Constitutional Court in Harare, Chief Justice(CJ) Malaba said the event is an opportunity for the judiciary to explain it’s activities and plan of action to the public.
“Today’s event once more presents the Judiciary with another opportunity to discuss and lay markers along the path it, with the support of stakeholders, intends to follow as the 2024 legal year commences.
“It also provides a rare chance for the Judiciary to publicly explain to the people its activities during the 2023 legal year,” he said.
CJ Malaba expressed happiness that Zimbabwe was celebrating ten years of a home grown constitution and said the implication was that governance is premised on laws, rules, conduct and policies grounded in the constitution.
“A decade has passed since the promulgation of the transformative Constitution. It must have come of age. Zimbabwe is a constitutional democracy. The implication is that governance is premised on laws, rules, conduct and policies which are all subservient to the Constitution.
“The Judiciary plays a critical role in that regard. It safeguards the principles and the values of the Constitution, including ensuring that the State and all its agencies act in strict compliance with and in conformity to the Constitution. The Judicial Service Commission found it befitting and proper that the Judiciary takes the lead in celebrating the 10 years of existence of the Constitution,” he said.
But CJ Malaba believes if constitutionalism is to continue reigning supreme in Zimbabwe, the people should always conform to the dictates of the supreme law of the land.
“Everyone has a role to play in the entrenchment of constitutionalism by obeying the express commands of the Constitution. The pursuit of constitutionalism is a call on all people to seek to always conform to the constitutional order.
“Only then can the nation continue to enjoy the unity, peace, economic development and achieve the social justice it deserves. The Judiciary relies on the cooperation of all stakeholders to effectively fulfil its role as the guardian of the Constitution,” said CJ Malaba.
The 2024 legal year comes on the backdrop of some reforms in the JSC including the Intergrated Electronic Case Management System, the training of more judicial officers and the construction of more courts across the country.
Last year in August, Chief Magistrate Edith Mushore told the media after the swearing in of 15 magistrates that the total number of magistrates stood at 229 magistrates comprising 87 males and 142 females. More magistrates are currently being trained.
As the Judicial Service Commission (JSC) strengthens its resolve to enhance access to justice in the country, CJ Malaba said more courts will be constructed in line with the decentralisation agenda.
CJ Malaba implored officers to act in accordance with the dictates of the supreme law.
“The Judiciary shoulders the duty, at individual and institutional level, to act in the manner that is prescribed by the values and principles embodying the standard of the conduct prescribed by the Constitution. Its conduct must resonate with the vision and aspirations of the people grounded in the framework of the Constitution,” CJ Malaba said.
He said it was regrettable that over the years, including the year under review, the Judiciary lost judges and magistrates under the invocation of mandatory disciplinary measures necessitated by the doctrine of constitutionalism.
He further added that the public expects that the provisions of the Constitution must be strictly applied hence JSC will not shy away from enforcing and entrenching the constitutional obligation.
Other provincial events were held in all the other provinces with Deputy Chief Justice Elizabeth Gwaunza presiding over the Bulawayo ceremony.
