Judicial appointment in Zimbabwe: Defining the concept of "Fit and proper person"

Abstract

As in other progressive jurisdictions, the Constitution of Zimbabwe provides that a person to be appointed to the office of a judge must be “a fit and proper person” although this concept is not defined in the Constitution. No guidance is given by the Constitution to the Judicial Service Commission (JSC) in determining what criteria to apply in selecting candidates and to ensure that the candidate for judicial appointment or promotion has all the necessary attributes. Constitutions have numerous open-ended definitions to allow the legislature and other subordinates to creatively formulate a comprehensive meaning of the open-ended terms. This allows for flexibility rather than rigidity in interpretation.