Criteria for Appointments to Specialized Superior Courts: Perspectives from Mozambique, South Africa and Zimbabwe

Abstract

The paper discusses and evaluates criteria for judicial appointments to specialized superior courts in Mozambique, South Africa and Zimbabwe.  It contends that processes to be followed when making such appointments, as well the eligibility criteria, are important parameters in the assessment of independence of the judiciary.  Lack of specificity in the eligibility criteria leaves room for exercise of unfettered discretion by the appointing authority, usually the political executive in African countries.  Specificity and clarity in the legislative frameworks, in terms of both the process and eligibility criteria, on the other hand, is a bulwark against unfettered executive discretion in the making of such appointments, and instils public confidence in prospects for judicial independence.