Thursday 7 December 2023

MALABA PUSHES FOR FAIR JUSTICE DELIVERY

ALL levels of the Judicial Service must act in common purpose to ensure fair delivery of justice to everyone irrespective of their standing in life, Chief Justice Luke Malaba said yesterday.

Addressing a Judicial Service Commission leadership conference in Victoria Falls, CJ Malaba said the obligation to act proactively can only mean one goal for leaders in the Judicial Service.

“There must be a commonality among them. Commonality is the fact of sharing interests, experiences, or other characteristics with someone or something.

“Exposing all leaders in the Judicial Service to the same standards of leadership facilitates the emergence of commonality among them. Leaders in the Judicial Service must share the same essential attributes and qualities.”

The conference is being held under the theme, “Enhancing the efficiency and effectiveness of leadership in the Judicial Service through the implementation of the strategic plan”.

CJ Malaba said the importance of commonality in justice delivery is located in what justice delivery means.

Justice delivery, he said, was the effective and efficient provision to every person, the means to secure fairness in their treatment as stipulated by the law.

“In justice delivery, all people must be treated fairly,” CJ Malaba said.

He said there could be no unfounded differentiation in the delivery of justice and that principle of no differentiation in justice delivery placed an obligation on those who were responsible for it, that is, on the leaders in the judicial service.

“It means that they must all meet the same standard so that wherever they are, they are able to give the same fair treatment to every person. The same standard of action in justice delivery cannot be met unless there is commonality”.

CJ Malaba challenged the JSC leadership to be aware of the co-operation expected of them with other stakeholders to ensure fair play in justice delivery.

The Constitution provided for how justice should be administered and that its position as a compass for judicial leadership must be understood against the background of the people-centric nature of the document.

“The Constitution was wrought out of a consultative process of engagement and re-engagement among the people of Zimbabwe. It, therefore, means that judicial leadership is given by the people,” the Chief Justice said.

“There are people who identified the offices required to be able to achieve and administer justice among them.

“As noted earlier, leadership emerges in all rule-based societies and communities. It is for this reason that leadership has been regarded as a public trust placed on certain individuals to administer common interests to them such as justice delivery.” Herald

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