Chief Justice Malaba: Democracy depends on public trust in courts

Zimbabwe’s Chief Justice Luke Malaba has stressed a critical need to build public confidence in the judiciary through collaboration among various stakeholders, underscoring this as a cornerstone for sustaining democracy and upholding constitutionalism.

Malaba said it is important that the judiciary is accountable to the public because the judiciary cannot build public confidence and trust “in isolation.”

“Achieving the delivery of quality justice is possible only through collaboration and partnership with all stakeholders within the justice sector.  The conduct and manner in which each public institution carries out its mandate, directly influences the level of confidence the public places in it,” he said during the national opening of the 2025 legal year held for the first time at the Bulawayo High Court on Monday.

The Chief Justice lauded the Judicial Service Commission’s (JSC) decision to host the main proceedings in Bulawayo, a move he said aligns with the Constitution and the government’s National Development Strategy (NDS) 1, which seeks to devolve public services.

The Chief Justice also outlined the judiciary’s strategic vision for the year, encapsulated in the theme: ‘Building Public Confidence in the Judiciary through Multi-Stakeholder Participation.’

“We believe this theme will serve to strengthen and refocus the judiciary and all stakeholders in the justice sector, urging us to channel our efforts into building public confidence not only in the judiciary but also in all institutions within the justice sector,” Malaba said.

“Achieving this goal requires a shared commitment to fulfilling our constitutional obligations that underpin the administration of justice. The active participation and collaboration of the judiciary and its stakeholders is essential, as without this collective effort, fostering public trust in the judiciary will remain unattainable.”

Malaba explained the significance of the judiciary’s annual themes, provided strategic direction and aligned the judiciary’s work with constitutional principles.

“For the year 2025, the JSC has developed a theme that symbolises the vision underpinning its strategic plan. It is a theme that resonates with JSC’s desire to deliver not only world-class justice but people-centered justice, which places the desires, ideals, values, and aspirations of the people at the forefront,” he said.

To achieve the theme for 2025, Malaba said it required a shared commitment to fulfilling constitutional obligations that underpin the administration of justice. 

“The active participation and collaboration of the judiciary and its stakeholders is essential, as without this collective effort, fostering public trust in the judiciary will remain unattainable,” he added.

Malaba also reflected on the judiciary’s 2024 theme, ‘The Role of the Judiciary in Entrenching Constitutionalism,’ which promoted constitutional compliance across the justice system.

“Building on this foundation, the Commission’s efforts throughout 2024 remained focused on promoting constitutionalism within the judiciary,” he said.

Malaba highlighted that public confidence is rooted in the judiciary’s efficiency, fairness, and impartiality in adhering to the rule of law and protecting human rights and freedoms.

“Broadly speaking, public confidence in the judiciary is reflected in the public’s belief in the efficiency, fairness, and impartiality of the courts, in adherence to the rule of law, and in the protection of human rights and freedoms,” he said.

“A judiciary that upholds these constitutional principles will foster trust in the courts.”

He also underscored the judiciary’s reliance on public confidence, citing Section 162 of the Constitution, which states that judicial authority derives from the people of Zimbabwe.

“This implies that the judiciary’s authority to perform its constitutional mandate is drawn from the public. Consequently, it is inherent that the judiciary must be accountable to the public,” he said.

“ Every action and decision made by the courts in adjudicating disputes must ultimately receive the endorsement of the public. This means that the judiciary’s overall performance is subject to the evaluation of the people of Zimbabwe.”

Chief Justice Malaba acknowledged the judiciary’s obligation to provide  efficiency and transparency in its operations, noting the JSC, as mandated by Section 190 of Zimbabwe’s Constitution, is entrusted with providing independence and accountability of the judiciary, as well as the efficient and transparent administration of justice in Zimbabwe.

To improve performance of the judiciary, Malaba highlighted initiatives including the Performance Management System that monitors court and judicial officer efficiency.

“This system continues to ensure that cases are finalised promptly, judgments are delivered without undue delay, and case backlogs are kept to an absolute minimum.”

Stressing the need to build public confidence, Chief Justice Malaba urged stakeholders, including judges, magistrates, and other officials, to uphold their constitutional obligations and be fair, transparent and accountable in the discharge of their duties.

Looking ahead, Malaba expressed optimism that the 2025 theme would drive meaningful collaboration and enhance the judiciary’s role in fostering trust and confidence among Zimbabweans.

The opening ceremony was attended by judges, magistrates, legal practitioners, officials from the Bulawayo City Council, politicians and other stakeholders in the justice system.