Before the Office of the President and Cabinet, and Judicial Service Commission hastily abandoned their plot to indoctrinate judges through Zanu PF’s Herbert Chitepo School of Ideology and Central Intelligence Organisation to make them more compliant and ensure conformity, while brazenly undermining independence of the judiciary, the Catholic Lawyers Guild Zimbabwe had issued a strong statement of condemnation:
OUR attention has been drawn to an intended workshop and induction purportedly being organized by the Executive, scheduled for 4-5 July 2025, which will see judges sit through presentations from the Herbert Chitepo School of Ideologyand from various officials housed under the Office of the President.
Our attention has further been drawn to the program of events, which indicates that the Chief Justice has commanded every judge to attend the said training.
We, as the Catholic Lawyers Association of Zimbabwe, express deep concerns about the propriety of this so-called induction, which appears to be outside contemporary, salient, established legal and judicial principles in Zimbabwe and the region.
We collectively condemn the politicization of judges’ training and call on all arms of the government to respect the principle of separation of powers and the rule of law, which are embedded in the supreme law of the country.
We affirm that the independence of the judiciary is not a cosmetic design but a deeply entrenched principle that forms the core of the justice system in Zimbabwe. Section 164 (1) of the Constitution clearly states that
“The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice.”5. Section 164 (2) of the Constitution further states that
“The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore — (a) neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts;”
Subjecting judges who must at all times be independent and be seen to be independent to an ideology of one party to the exclusion of others not only compromises the judiciary but attacks its independence and impartiality.
We note that this is all happening at a time when the public confidence in the judiciary is low, given the widely held public perception that the Judiciary is captured by the Executive.
Forcing judges to sit through the “Chitepo” School of Ideology is contrary to what the late national liberation hero, Herbert Chitepo, fought for.
At the African Conference on the Rule of Law in 1961, the late national hero said that:
“The legal profession consists of judges, practitioners, and teachers of the law. It is to these persons that the protection and defence of the Rule of Law is entrusted … All must be, as far as possible, free from both executive and social pressures. … A judge who gives judgment designed to meet the pressures of the Executive, or of a particular litigant, or of a section of the community, is not acting reasonably. …In the rising of Africa, the training of lawyers is going to be extremely important because it is in the training that the forms and norms are absorbed by future practitioners and judges …[T]he judicial system and the system of training lawyers must be designed to enable these qualities to manifest themselves in practice. The experience of the whole of the world shows that the minimum institutional requirements for the Rule of Law are: An Independent Judiciary, An Independent Bar and,And An Independent Law School.”
We therefore call on all stakeholders to uphold the rule of law, promote judicial independence, and refrain from acts that undermine that independence.
The judiciary is the guardian of the Constitution, the last guarantor of the Rule of Law,and its independence and impartiality are the only safeguards the people of Zimbabwe have in the protection of human rights and freedoms guaranteed by the Constitution.
We derive wisdom from the Bangalore Principles of Judicial Conduct, which emphasise the importance of independence, impartiality, integrity, propriety, and competence in judicial conduct.
The following clauses of the Bangalore Principles are particularly apposite:
“A judge shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to a reasonable observer to be free therefrom.”
“A judge shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.” (2.2)
“The behaviour and conduct of a judge must reaffirm the people’s faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done.”
(3.2)_10. Whilst we affirm the importance of judges’ training, international best practice dictates that such training must be left to independent persons who are experts in a particular field. The memo and program that have been brought to our attention regrettably make it difficult for us to conclude that the above principles were adhered to. The Holy Scripture in Deuteronomy 16:18-21 says that
“Appoint judges and officials for each of your tribes in every town the Lord your God is giving you, and they shall judge the people fairly. Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the innocent. Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you.”
In Proverbs 31:8-10, the Holy Scripture further calls us to
“Speak out on behalf of the voiceless, and for the rights of all who are vulnerable.”
In Psalms 35:22, we are called to be the voice of the voiceless. The Holy Scripture says that
“You have seen, O LORD; do not be silent!”
We therefore affirm the rights of judges in Zimbabwe to be independent, impartial,and to exercise their duties without fear or favour.
We also urge all stakeholders to stand with judges at this critical juncture, which may be the total erosion of their independence and freedom. In conclusion, we call on the relevant arms of Government to refrain from conduct that undermines judicial independence and impartiality.
We call on stakeholders to affirm the principle of separation of powers, the rule of law, and judicial independence.
