Malaba Dismisses Claims of Judicial Capture, Says Courts Exist to Serve All Citizens

Chief Justice Luke Malaba has pushed back strongly against ongoing allegations that Zimbabwe’s judiciary has been compromised, maintaining that the courts are constitutionally mandated to serve every citizen fairly and without discrimination.

Addressing the official opening of the 2026 Judicial Year in Harare on Monday, Malaba said the justice system is founded on principles of equality, accountability and inclusion, cautioning that access to justice should never be treated as a privilege enjoyed by a select few.

He said the essence of inclusivity lies in ensuring that every person can effectively use the justice system, noting that the Constitution guarantees equal treatment before the law for all Zimbabweans.

“Justice is a public good and a non-discriminatory right,” Malaba said. “It is not reserved for the powerful or well-connected, but is meant to be accessible to all members of society.”

His comments come amid sustained criticism from civil society organisations and opposition leaders, who have repeatedly questioned the independence of the judiciary and accused it of aligning itself with political elites.

Malaba said the people of Zimbabwe, as the holders of sovereign power, deliberately vested judicial authority in the courts and outlined clear principles in Chapter 8 of the Constitution to guide how justice should be delivered.

He explained that the theme of the 2026 judicial year seeks to turn constitutional ideals into everyday practice, ensuring that judicial reforms translate into meaningful improvements for court users.

According to Malaba, the drive towards world-class judicial standards is not about protecting institutional interests but about improving service delivery for the public.

“Judicial power exists for the benefit of the people,” he said, adding that all reforms must ultimately be assessed by their impact on ordinary citizens seeking to enforce their rights.

The Chief Justice said judicial performance in 2026 would be evaluated on three pillars  quality, inclusivity and sustainability   with inclusivity playing a critical role in rebuilding public trust.

He stressed that no individual should be denied access to a competent and effective forum to assert their constitutional rights, regardless of social or economic standing.

Malaba also acknowledged that true access to justice requires more than formal equality, calling for the removal of practical obstacles such as high costs, delays, language barriers and overly complex procedures.

“A justice system that people cannot afford, understand or access in a reasonable time undermines their constitutional rights,” he said.

He urged the judiciary to design processes that accommodate court users, rather than forcing citizens to navigate intimidating or unfamiliar systems.

Reinforcing the principle of impartiality, Malaba said courts must operate without fear, favour or bias, noting that public confidence depends both on institutional safeguards and the personal integrity of judicial officers.

“It is not enough for justice to be delivered  it must be delivered in a manner that earns the trust and confidence of the public,” he said.