Justices Ben Hlatshwayo and Bharat Patel were sworn in by President Robert Mugabe at State House on Wednesday, bringing the total on the bench to nine.
The new judges were said to be elated at their promotion from the High Court to the superior court, with both saying they were looking forward to dispensing their duties under the new constitution.
Welcoming his new role, Hlatshwayo told the state media: “It is an appointment that I accept with humility because it is an appointment with public trust and is something to look forward to especially in light of the new constitution.”
Co-appointee Patel said: “It is a wonderful day for me. I hope that both of us will add something to the Supreme Court especially with the new constitution.”
It was always expected that, when the time came, Mugabe would appoint a safe pair of hands, especially in view of the forthcoming make-or-break elections.
Since the threat posed by the MDC party in 2000, Zimbabwe’s benches have been staffed with judges with discernible political connections.
Former university lecturer Hlatshwayo played a prominent role in pleading the ZANU PF government’s case during earlier attempts at a new constitution, which was rejected during the 2000 referendum.
Since his appointment to the High Court in 2000, some of Hlatshwayo’s notable controversies include sitting on a case in which MDC-T leader Morgan Tsvangirai was challenging the 2002 presidential result, won by Mugabe, until it was overtaken by the formation of the coalition government in 2009.
In 2002 Hlatshwayo invaded Gwina Farm in Banket, evicting its old white owner Vernon Nicol, in defiance of a High Court order. He was later on pushed off the same farm by First lady Grace Mugabe, who acquired it for his son.
In 2008, the judge ruled in favour of Mugabe supporter and excommunicated Anglican Archbishop of Harare Nolbert Kunonga, giving him control of the church’s regional assets.
Hlatshwayo was later reprimanded and overruled by the deputy Chief Justice Luke Malaba for “shutting his mind to the other evidence which had a direct bearing on the matter”.
Justice Patel joined the High Court in 2004 after years serving as the deputy and acting attorney general at the ZANU PF-controlled agency.
Although less controversial than Hlatshwayo, it remains to be seen whether Patel will be able to exercise appropriate professional independence on matters directly involving President Mugabe or ZANU PF.
Hlatshwayo and Patel join Chief Justice Godfrey Chidyausiku, his deputy Luke Malaba, Vernanda Ziyambi, Elizabeth Gwaunza, Paddington Garwe, Yunus Omerjee and Anne-Marie Gowora at the Supreme Court. – SW radio Africa News
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