Prominent human rights lawyer Beatrice Mtetwa has issued a scathing open letter to the Judicial Service Commission (JSC), accusing its leadership particularly the Chief Justice of turning recent public judicial interviews into a platform for humiliation, intimidation, and institutional injustice.
In a no-holds-barred critique, Mtetwa described the JSC’s handling of the recently concluded interviews for Labour Court judge appointments as “a charade,” sharply rebuking the conduct of the Commissioners and questioning the integrity of Zimbabwe’s judicial selection process.
Eight positions are expected to be filled through this process.
“What was meant to be a platform for transparency, accountability, and independence in judicial appointments instead became a stage for publicly haranguing, humiliating, and belittling candidates,” Mtetwa wrote. “What was most disturbing is that this behaviour was not limited to a few rogue Commissioners, it appeared to be led by none other than the Chairman of the Judicial Service Commission (JSC), the Chief Justice himself.”
From Reform to Reversal
The public interviews were initially introduced as a constitutional reform to promote transparency in judicial appointments, moving away from the opaque, minister-led processes of the past.
But Mtetwa argues that this shift has now lost its moral compass.
“Even though there was a Judicial Service Commission in place [before reforms], it is debatable whether it had any real influence over who became a judge,” she noted. “The introduction of formal procedures… was widely welcomed… [but] these aspects do not involve the intentional public shaming of candidates.”
Internal Grievances Aired in Public
Particularly damning was Mtetwa’s criticism of how candidates currently employed within the JSC as magistrates or administrative staff were treated.
She alleged that professional and even personal failings were aired publicly, instead of being addressed through internal channels.
“I watched in disbelief as these individuals were subjected to degrading treatment, their professional dignity stripped away before the nation. Personal shortcomings that could have been handled through internal disciplinary procedures were instead weaponised in front of cameras,” she said.
She questioned the effect of such treatment on judicial morale and public trust: “Why should litigants trust the fairness of these magistrates if they have been declared incompetent in such a public, demeaning way?”
Systemic Ignorance and Power Imbalance
The letter also took aim at what Mtetwa called “shocking ignorance” by the Commissioners regarding the realities of Zimbabwe’s lower courts, particularly the overburdened Court No. 14 at Rotten Row, Harare.
“On any given day, the magistrate handles numerous complex bail applications… To reduce this demanding role to that of a mere ‘remand court’ is a gross mischaracterisation,” she said.
She also decried the power imbalance between the candidates and their interviewers, noting that magistrates cannot challenge senior JSC officials without fear of career repercussions.
One such instance involved the Attorney-General questioning a magistrate’s refusal to remand an accused person, a move Mtetwa says violates the Constitution’s guarantee of judicial independence.
“This reveals a systemic flaw in our justice system,” she said, citing a case she personally handled that took more than a year to commence due to prosecutorial delays despite the magistrate’s consistent refusal to grant postponements.
Threat to Judicial Independence
Mtetwa warned that the conduct of the interviews risks undermining judicial independence and deterring qualified candidates from joining the bench.
“Improper and suggestive questions… threaten the impartiality of the judiciary and coerce magistrates into ruling not on the merits of each case, but based on how their decisions may impact future judicial prospects.”
A Call to Action
The letter ends with an urgent appeal to Zimbabwe’s legal fraternity to reject the current state of judicial interviews, drawing parallels with South Africa’s pushback against politicised proceedings.
“I call on the legal profession to speak with one voice in condemning this charade,” she said. “This process, in its current form, is a disservice to the profession, the judiciary, and the people of Zimbabwe.”
The JSC has not yet responded to Mtetwa’s letter. However, the questions raised strike at the heart of Zimbabwe’s judicial credibility, prompting wider calls for a return to integrity, dignity, and fairness in appointing those who interpret and uphold the law.