ZIMBABWE JUDICIAL SYSTEM

BY GODKNOWS TAPIWANASHE MUZENDA

INTRODUCTION

In Zimbabwe there are two types of courts. The Criminal and Civil courts.
They are both divided into the Magistrates, High and Supreme courts
There is also the Constitutional court where all constitutional matters are
referred to
The legal system is based on Roman-Dutch law.
There are many courts functioning in the country at different levels. Each court
has a different role to play and has a separate jurisdiction from other courts.
TYPES OF COURTS
CONSTITUTIONAL COURT

The Constitutional Court is the final court of appeals for all matters relating
to the Constitution of Zimbabwe, and its decisions are binding on all other
courts in Zimbabwe
It has the power to make the final decision on the constitutionality of an act
of Parliament
The High Court or the Supreme Court may make an order declaring an act to
be unconstitutional, but the order does not come into effect until the
Constitutional Court confirms it.
It is currently composed of the Chief Justice, the Deputy Chief Justice, and 7
other Judges of the Constitutional Court
Cases before the Constitutional Court

The following cases must be heard by all the judges of the

Constitutional court:
Cases concerning alleged infringements of fundamental
human right or freedoms preserved in Chapter 4 of the
Constitution
Cases concerning the election of a President or Vice-
President
All other cases must be heard by at least three judges of
the Court
Jurisdiction

Subject to the Constitution, only the Constitutional Court may:

advise on the constitutionality of any proposed legislation, but may do so only
where the legislation concerned has been referred to it in terms of this
Constitution;
hear and determine disputes relating to election to the office of President;
hear and determine disputes relating to whether or not a person is qualified
to hold the office of Vice- President; or
determine whether Parliament or the President has failed to fulfil a
constitutional obligation.
The Supreme Court

It is the highest court in all matters in Zimbabwe, which are not

constitutional in nature.
It is headed by the Chief Justice of the Supreme Court, who is also the head
of Zimbabwes Judiciary
The justices of the Supreme Court are appointed by the President on the
advice of the Judicial Service Commission.
The court consists of five members including the chief Justice
Jurisdiction

The jurisdiction of the Supreme Court is provided in the

Constitution, which states that the Supreme Court is the
final court of appeal for Zimbabwe, except in matters
over which the Constitutional Court has jurisdiction
The High Court

It is one of the Superior Courts of Zimbabwe

The High Court deals at first instance with all high value and high importance
cases.
It also has a supervisory jurisdiction over all subordinate courts and tribunals
Appeals from the High Court go to the Supreme Court
The head of the High court is the Judge President
Jurisdiction

The High Court has jurisdiction of common law crimes committed outside
Zimbabwe although it is limited.
The High Court is a court of first instance, possessed of inherent and
unlimited criminal and civil jurisdiction, over all persons and over all matters
in Zimbabwe
Criminal Jurisdiction
The High Court has jurisdiction over all persons and over all criminal offences
recognised by law. Its unlimited criminal jurisdiction empowers it to pass any
punishment permitted by law, including the death penalty.
Civil Jurisdiction
It is the only court, which enjoys inherent jurisdiction meaning that unless
prohibited by some law from exercising jurisdiction, it is deemed to have
jurisdiction. It may deal with any nature of claim and there are no monetary
limits to claims that may be instituted. All civil appeals emanating from the
Magistrates Court lie with the High Court
Cases before the High Court

Criminal Cases
In criminal trials, the High Court consists of one Judge and two assessors. Assessors
assist in deciding issues of fact only and have an equal say as the judge in that
regard.
However, when the High Court is hearing appeals, at least 2 Judges are required
and no assessors are required. Where an even number of judges sit on appeal and
the opinion is equally divided, the decision is suspended until the opinion of a
third Judge is obtained. The decision of the majority becomes the decision of the
court.
Civil Cases
In civil cases, the judge sits alone. A Judge, however, may appoint an assessor or
assessors to assist him/her in a civil case. The role of the assessor(s) in this case is
only to advise. They are not entitled to vote in the decision of the court.
Magistrate District Courts

Every district in the country has a regional Magistrate District court which
comes at the 4th level of hierarchy in the Zimbabwe Court hierarchy
Presided by a Magistrate usually at four levels. Ordinary, provincial, senior and
regional magistrates. Magistrates have an option of working with assessors
The regional magistrates have jurisdiction in civil and criminal cases
Jurisdiction

Has no jurisdiction of common law crimes committed outside Zimbabwe

Has jurisdiction over crimes committed in the respective region or province
Does not have jurisdiction overcrimes like treason, murder and only the
regional courts can have jurisdiction over rape matters
The punishment in Magistrates Court depends on the level of the magistrate