Enhance competency and uphold public confidence, judicial officers told

Source: Enhance competency and uphold public confidence, judicial officers told – herald

Zvamaida Murwira

 Senior Reporter

JUDICIAL officers should cherish competence as a constitutional value by continuously sharpening their skills, professional knowledge and personal qualities, while keeping abreast of developments in domestic and international law to enhance the administration of justice, Chief Justice Elizabeth Gwaunza said at the weekend.

She told the Magistrates National Conference, held in Bulawayo, that magistrates were the face of justice for many citizens and therefore carried the onerous responsibility of upholding public confidence.

“Competence, as a constitutional value, is not a matter of choice for a judicial officer. Section 165 of the Constitution of Zimbabwe requires members of the Judiciary to take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and to keep abreast of developments in both domestic and international law.

“This obligation applies equally to judges and magistrates. Indeed, it is in the magistrates’ courts that the overwhelming majority of Zimbabweans encounter the justice system for the first time,” said Chief Justice Gwaunza.

“For many citizens, the magistrate is the face of justice. The impression formed during that first encounter often becomes the public’s lasting impression of the Judiciary itself.

“Every magistrate therefore carries not only the responsibility of deciding cases according to the law, but also that of strengthening public confidence in the administration of justice through the manner in which judicial authority is exercised. Competence is therefore a daily professional obligation rather than a mere aspiration.”

She said the conference was important as it brought together magistrates from across the country and provided a rare opportunity to reflect, learn from one another and strengthen their shared commitment to the administration of justice.

“It reinforces the common standards, professional relationships and institutional identity upon which a vibrant and effective magistracy depends,” she said.

Chief Justice Gwaunza said that while the environment in which magistrates work had changed, the responsibilities of the office had remained constant.

“Every magistrate still takes an oath, in terms of Section 9 of the Magistrates Court Act, to serve faithfully, impartially and diligently. Those obligations remain as relevant today as they were when the office was first established. What has changed is the context in which that oath must be honoured,” she said.

“Today’s magistrate works in an environment shaped by electronic case management, performance management and heightened public expectations of efficiency, accountability and transparency. Competence, in the sense intended by this conference, is the modern expression of that enduring judicial promise.”

She said competence was inseparable from discipline, integrity and personal responsibility.

“While instances of misconduct within the magistracy may not be many, even isolated cases of corruption, absenteeism, laziness, neglect of duty or persistent failure to meet deadlines have the capacity to erode public confidence in the courts,” she said.

“There is no room in the Judiciary for any form of misconduct. A magistrate who fails to attend work diligently, delays judgments without lawful or reasonable cause, neglects court duties, solicits or accepts improper benefits, or conducts himself or herself in a manner inconsistent with the dignity of judicial office undermines the oath of office and the authority of the court.”

She said magistrates were obliged by Judicial Service regulations to uphold the standards of independence, impartiality and diligence expected of judicial officers.

“These values must be reflected in punctuality, preparedness, courtesy, ethical conduct, proper management of court records, timely delivery of judgments and the avoidance of any conduct that may create a perception of impropriety.

“Well-being and institutional support must therefore never be misunderstood as tolerance for indiscipline. They are intended to strengthen magistrates so that they may serve faithfully, impartially and diligently, while remaining fully accountable to the ethical standards of the office,” she said.

Chief Justice Gwaunza said there was a need for clarity when a judicial officer wrote a judgment.

“Allow me to say a word about judgment writing, a competency that features prominently in this conference. A judgment is the public expression of a magistrate’s reasoning. It enables both the parties and the public to understand how the court reached its decision.

“Clarity of thought, a careful statement of the relevant facts and the correct application of the law to those facts remain the hallmarks of a sound judgment,” she said.

“I therefore commend the sessions devoted to judgment writing and sentencing. They go to the very heart of the quality of justice experienced by those who come before our courts.”