The recent appointment of 11 new High Court judges by President Emmerson Mnangagwa has ignited a firestorm of criticism, with analysts and human rights advocates raising serious concerns about the integrity and independence of Zimbabwe’s judiciary. These appointments, they argue, further cement the perception of a system deeply entwined with the ruling ZANU-PF party, raising fears of a deepening crisis in the pursuit of justice, The Africa Report has reported.
The appointments, announced in mid-June, have been met with widespread condemnation, with critics pointing to the alleged political affiliations of several of the newly appointed judges. Maxwell Saungweme, a prominent Harare-based political analyst, expressed grave concerns about the appointment of known ZANU-PF sympathisers to the High Court bench. He argues that such appointments undermine the very foundation of a fair and impartial judiciary, raising serious questions about the ability of these judges to adjudicate objectively on matters involving political and electoral disputes.
“The independence of Zimbabwe’s judiciary is a long-standing issue,” Saungweme told The Africa Report. “All too often, the judiciary has been used as a political tool, serving to advance the ruling party’s ambitions rather than uphold the principles of justice.”
He further lamented that these appointments represent a missed opportunity to undertake much-needed reforms within the judiciary, which has long been accused of bias towards ZANU-PF. “We need fundamental institutional reforms, including a comprehensive overhaul of the judiciary, to pave the way for transparency, good governance, and the eradication of corruption,” he stressed.
Adding fuel to the fire, Naison Chivayo, one of the newly appointed judges, listed his affiliation with ZANU-PF on his curriculum vitae, a move that has been widely interpreted as a blatant disregard for the principles of judicial impartiality.
Lazarus Sauti, another Harare-based political analyst, echoed these concerns, characterising some of the appointees as “incompetent and tainted,” unfit to hold such high office. He highlighted the deeply entrenched “patrimonial” nature of Zimbabwe’s political system, where power flows directly from the president and public office holders are beholden to his will.
“The ruling party has a history of using the courts to settle political scores against opposition figures and critics,” Sauti explained, pointing to the practice of detaining individuals without trial and denying them bail. He further emphasised the “perks” that come with being a judge under Mnangagwa’s rule, citing the example of Ngoni Nduna, a former deputy chief magistrate, who admitted during interviews conducted by the Judiciary Service Commission (JSC) in May that he had taken a bank loan for his farm but had failed to repay it.
A lawyer, who spoke on condition of anonymity, expressed deep disappointment at the JSC’s decision to appoint Nduna, highlighting the “clear” indication that other factors, rather than merit, were at play in the selection process. “Most of the appointed judges are ZANU-PF sympathisers,” the lawyer stated. “The judiciary is captured. It is a sad day for justice when someone like Nduna, who failed to repay a loan, is appointed to such a high position.”
The lawyer’s concerns were echoed by other critics, who pointed to the “fumbling” performances of some of the judges during their public interviews, suggesting that they were appointed based on political connections rather than their competence. “The fact that some of these judges failed to answer basic questions during their interviews raises serious questions about their suitability for the bench,” Sauti said. “Are they truly qualified to deliver justice? Can we trust them to make fair and impartial decisions? These are questions that demand immediate answers. We need highly qualified and upright individuals to adjudicate cases, not those who have been appointed for political gain.”
Allan Chipoyi, a human rights activist, has taken the fight for transparency to a new level, demanding accountability from the JSC. In a letter addressed to the JSC on June 20th, Chipoyi requested the scorecards and CVs of the appointed judges following their interviews. However, the JSC secretary, Walter Chikwanha, responded by claiming that this information was confidential, a response that has been met with outrage by Chipoyi and other critics.
“How can something that has to do with the public be kept confidential?” Chipoyi questioned. “I was astonished by this response, leaving me with no choice but to seek legal recourse. My lawyers are currently preparing a court application.” He vowed to continue fighting until he ensures that Zimbabweans are represented by judges who are not beholden to political interests.
Adding insult to injury, the newly appointed judges were immediately gifted expensive cars upon being sworn in, a move that has been widely condemned given Zimbabwe’s dire economic situation, characterised by severe drought, a desperate need for food aid, and a crumbling healthcare system.
“In any normal country, the welfare of judges should be taken care of,” Chipoyi said. “But not at the expense of the welfare of ordinary citizens. The type of cars they received are expensive. Meanwhile, our hospitals lack basic necessities like paracetamol.”
He concluded with a stark warning: “In terms of political cases that will come before these judges, they will likely rule in favour of those who are providing them with their ‘supper’.”
