By Tawanda Chenana
WE, in the village, treasure wisdom.
In the heart of our villages, where community life thrives on shared values and mutual respect, wisdom is revered above all else.
It is the guiding light in settling disputes and maintaining harmony.
This ancient tradition underscores the crucial role of our elders, who act as judges in matters affecting our lives.
As we celebrate the appointment of 12 new High Court judges, there is a collective hope that this wisdom, so deeply rooted in our cultural fabric, will also illuminate our national justice delivery system.
The recent appointment of these judges marks a significant milestone for our judiciary. It brings with it expectations of enhanced justice delivery and a re-invigorated commitment to the rule of law.
The judiciary is the bedrock of a functional democracy and its integrity is paramount to maintaining public trust. As these new judges step into their roles, it is imperative that they carry the mantle of justice with unwavering dedication, wisdom and ethical fortitude.
Judges hold a unique and powerful position in society. They are the arbiters of justice, entrusted with the responsibility of interpreting the law and ensuring that it is applied fairly and impartially.
Their decisions can have profound and lasting impacts on individuals, communities and the nation as a whole. Therefore, the role of a judge is not merely a job; it is a solemn duty that demands the highest standards of integrity, competence and impartiality.
In the village, a judge’s wisdom is crucial in resolving conflicts and maintaining social harmony. Similarly, at the national level, High Court judges are expected to embody wisdom and fairness in their rulings. They must be guided by the principles of justice and equality, ensuring that every individual, regardless of their status or background, receives a fair hearing and a just outcome.
The integrity of the judiciary is fundamental to its effectiveness and credibility. Judges must be above reproach, demonstrating the highest ethical standards in both their professional and personal lives. Misconduct and unethical behaviour erode public trust and undermine the very foundation of the justice system.
It is crucial that the newly appointed judges adhere to the principles of judicial conduct, which include independence, impartiality, integrity, propriety, equality and competence.
These principles are not merely guidelines but the very essence of what it means to be a judge. They ensure that justice is not only done but seen to be done, fostering confidence in the judiciary and upholding the rule of law.
The judiciary in Zimbabwe, like in many other countries, faces numerous challenges. These include limited resources, case backlogs, and pressures from various quarters that can threaten judicial independence. The newly appointed judges will need to navigate these challenges with resilience and determination, ensuring that they do not compromise on their commitment to justice.
Moreover, in a rapidly changing world, judges must stay abreast of new developments in law and society. Continuous education and training are essential to maintaining judicial competence. Judges must be open to learning and adapting, ensuring that their rulings are informed by current knowledge and best practices.
Every decision made by a High Court judge has the potential to set a precedent, influencing future cases and shaping the legal landscape. Therefore, judges must approach each case with meticulous care, thoroughly analysing the facts and the applicable law. Their rulings should reflect a deep understanding of legal principles and a commitment to justice.
Thus let us not hear of tribunals being set up to deal with issues of competence.
In addition to legal acumen, judges must possess empathy and understanding. They must appreciate the human dimensions of the cases before them, recognising the impact of their decisions on the lives of individuals and communities. This balance between legal rigour and human sensitivity is the hallmark of judicial excellence.
As the newly appointed High Court judges assume their roles, they are called upon to serve the nation with distinction. This service demands not only intellectual capability and legal expertise but also moral courage and unwavering commitment to justice.
Firstly, judges must uphold the independence of the judiciary. They should resist any attempts to influence their decisions unduly, whether from economic, or social pressures. Judicial independence is critical to ensuring that justice is delivered impartially and without fear or favour.
Secondly, judges must commit to transparency and accountability. While judicial independence is paramount, it must be balanced with accountability to the public. Judges should provide clear and reasoned explanations for their decisions, ensuring that the legal reasoning is transparent and understandable. This openness fosters public trust and confidence in the judiciary.
Thirdly, judges must demonstrate humility and respect. The judiciary is a service to the people, and judges should approach their duties with humility, recognising that their role is to serve justice and the public good. They should treat all parties with respect and dignity, creating an environment where justice is accessible and equitable.
The excellence of our judiciary has broader implications for the nation. A fair and effective justice system is a cornerstone of a stable and prosperous society. It upholds the rule of law, protects individual rights and fosters an environment conducive to economic development and social cohesion.
For Zimbabwe, the appointment of these new High Court judges is a massive step forward.
It signals a commitment to strengthening the judiciary and enhancing justice delivery. As these judges take up their posts, they carry the hopes and expectations of the nation. Their success will be measured not only by their legal acumen but also by their ability to uphold the values of the nation.
To the newly appointed High Court judges, your appointment is a significant milestone in your legal careers and a testament to your capabilities and potential. As you step into this revered role, you are called upon to serve the nation with wisdom, integrity and unwavering commitment to justice. You are the guardians of our legal system, entrusted with the sacred duty of upholding the rule of law and ensuring that justice prevails.
In the words of our ancestors, wisdom is the cornerstone of justice. Let this wisdom guide your decisions, illuminate your path, and inspire you to serve with distinction. The nation looks to you with hope and confidence, believing that you will rise to the occasion and deliver justice for the benefit of all Zimbabweans.
May your tenure as High Court judges be marked by fairness, integrity and a steadfast commitment to the principles of justice.
Serve with honour, uphold the rule of law and contribute to the building of a just and equitable society.
The eyes of the nation are upon you and the legacy of your service will be remembered for generations to come.
Businessman Tawanda Chenana is also a philanthropist and Secretary for Education for ZANU-PF Mashonaland East Province.
