Rogue Judges to be fired – Judge Code says ‘Report’ rogue Judges
by Sehlule Zondo
2012 January 09 13:41:04
ROGUE judges that violate the new provisions set out of them in the Judicial
Code of Ethics for Zimbabwe face firing from the bench, a senior judge has
said.
Addressing lawyers and guests at the High Court of Zimbabwe held in Bulawayo
during the opening of the 2012 legal year, Justice George Chiweshe said
judges had gotten used to the “traditional” belief that there was an
unwritten code of ethics that governed their conduct. He said the said code
was “known” by judges themselves and same has been put on paper for
everyone’s benefit.
Justice Chiweshe said the unwritten code was “justified” given that judges
are subject to a higher “degree of accountability and transparency” than
public officers.
In terms of the new code, judges must give reasons of their decisions and be
accountable to the public.
Those that are caught in violations of the set provisions, face expulsion
from the bench.
The judge said in part: “The traditional belief that existed amongst
judiciaries was that there existed an unwritten code of ethics that governed
the conduct of judges, which presumably was known by the judges themselves.
“This was justified on the basis that in relation to their judicial
functions, judge’s are subject to a higher degree of accountability and
transparency than any other public officer,” he said.
The judge added: “The judges do their work in public, the must give reasons
of their decisions and conduct in court are subject to public scrutiny and
to criticism in the press and other media.
“Judges are also subject to removal from office, admittedly by a cumbersome
process, for misbehavior or incapacity” he said in part.
The judge added that the finalized code of ethics will “soon” be published
in the form of a statutory instrument.
Apart from spelling out the values and standards of judicial conduct, the
code also introduces a more formal complaints procedure in relation to
Judges and Presidents of special courts.
The code applies to all constitutionally appointed judicial officers.