Corrupt judges destroy rule of law, says Zimbabwe chief justice

Outgoing Zimbabwe Chief Justice Luke Malaba has issued a stern warning to judges who accept bribes, show favouritism or abandon impartiality, declaring that such conduct does not merely amount to personal misconduct but strikes at the very foundation of the rule of law.

In a master lecture delivered to members of Namibia's judiciary at the Supreme Court in Windhoek on Tuesday, Malaba said judicial integrity remains central to public confidence in the courts and constitutional governance.

“A judge who decides a matter based on a bribe, a favour or partisan sentiment does more than commit a personal moral failure," the long-serving jurist said.

"He or she rejects the constitutional duty binding upon his or her conscience and no longer meets the muster criterion of a judicial officer contemplated by the law,” Malaba added.

Speaking under the theme 'Rule of Law and the Judicial Oath', Malaba said the judicial oath is not a ceremonial exercise performed on appointment day, but a binding constitutional obligation that governs a judge's conduct throughout their career.

The judicial oath, he said, “is a creed of justice… The obligations of the oath are continuous.”

Malaba urged judges to continually refine themselves to meet the demands of the office.

“The individual in judicial office must upgrade himself or herself emotionally, intellectually and spiritually in understanding the office. That process of upgrading is not complete on the day of swearing in; it is begun on that day,” Malaba said.

Malaba championed what he termed a servant-leadership model, arguing that judicial office is a public trust and not a privilege.

“The judge is the embodiment of a servant or duty bearer who has to perform legally prescribed duties according to prescribed objective standards set, not for his or her benefit, but for the benefit of the persons entitled to receive the service,” he said.

Differential treatment

The long-serving judge stressed that judicial integrity is neither partial nor selective.

“Integrity is more than a virtue; it is a necessity,” Malaba said, adding that “there are no degrees of integrity.”

Malaba said courts must guarantee equality before the law, regardless of wealth, status or political connections.

“No party, however well-connected, may receive differential treatment. The equality commitment is the daily application of the rule of law in its substantive sense,” he said.

Malaba warned judges against yielding to public pressure, criticism or political controversy. Justice, he said, must be administered without fear, favour or prejudice.

“Independence, in this sense, is not a privilege conferred on the judge for their personal comfort. It is a duty imposed on the judge for the protection of the litigant. The judiciary is bound by the law to resist the inclination to make decisions according to public clamour,” he said.

Justice systems must remain accessible, responsive and fair if they are to retain public trust, he added.

Judicial cooperation

Opening the event, Namibia's Chief Justice Peter Shivute described the visit as historic, noting that Malaba is due to retire in mid-May, making this his final official visit to Namibia.

“This lends the occasion a certain historic quality, and we are honoured that he has chosen to spend part of these final weeks in office with us,” Shivute said.

Shivute said the visit formed part of ongoing judicial cooperation between Namibia and Zimbabwe under a 2024 memorandum of understanding, focused on mutual engagement, shared learning and strengthening judicial institutions across the region.

He also paid tribute to Malaba's four-decade legal career, noting that he has spent 45 years in the legal profession and 42 years as a judicial officer, rising from prosecutor and magistrate to chief justice in 2017.

Malaba also served for more than a decade as a judge of the Common Market for Eastern and Southern Africa (COMESA) Court of Justice.

He led major reforms in Zimbabwe’s courts, including the digitisation of judicial processes through the integrated electronic case management system, now extended to lower courts.

Shivute credited Malaba for championing judicial education and for helping establish the Judicial Training Institute of Zimbabwe to develop judicial and administrative personnel.