Farai Dziva|Chief Justice Luke Malaba has called for transparency and accountability in the judiciary system.

He made the remarks at the official opening of the 2020 legal year.

See part of his statement below :
A system of accountability is executed through various mechanisms and reforms that ensure openness. The two concepts are mutually inclusive.

Unless there is accountability, transparency is of little value. In the same vein, without transparency it becomes impossible to hold public officials to account.

Transparency is a priceless prerequisite for any modern judiciary. It operates as a mechanism of governance, administration and management by the Judiciary.

It allows for control and participation by citizens in public matters. The administration of justice by the courts is one such public matter. Public power is exercised by the judiciary on behalf of the citizens.

Transparency and accountability foster within the public a sense of ownership and trust in government.

The concepts reinforce the notion that judicial officers are employees of the people.

Public decision-making processes ought to reflect the will of the people. It is for this reason that section 162 of the Constitution provides that judicial authority derives from the people of Zimbabwe.

In that regard, citizens are major stakeholders in the business of the courts. The courts must therefore, from time to time, account to the citizens on how they are performing their functions.

Such is the importance of transparency and accountability that the preamble to the Constitution lists them amongst the values which need to be entrenched to guide institutions of the State at every level in the discharge of constitutional obligations. The preamble states that there is “the need to entrench democracy, good, transparent and accountable governance and the rule of law”.
The concepts of transparency and accountability exist as indispensable components of democratic governance. Democratic governance, simply put, entails the system by which government and its institutions operate according to democratic processes and norms.

Transparency and accountability are crucial in the maintenance of a sustainable relationship of reciprocity and trust that must exist between the government and its people.

From this viewpoint, the Judicial Service Commission’s (“the Commission”) and the Judiciary’s understanding of transparency is one of openness in relation to activities. It lays bare what is being done, where, how and for what reason and the results thereof.

In the context of central government, transparency directly relates to the obligation by government to provide the public with access to information about the government. It is a duty to disclose on the part of the public office bearers and a right to demand disclosure on the part of the citizens. It plays the crucial role of countering private and public corruption, excesses in the use of public power.

As a result, there is reduction of abuse of discretion and political manipulation. It protects individual rights and ensures the security of persons and their property. Public confidence in the integrity of government processes increases.

Transparency is particularly important in judicial institutions because it promotes accountability, combats corruption and helps to eliminate arbitrariness.

Courts wield enormous power, the exercise of which can affect the interests of citizens.