Zimbabwe Criminal Defense Manual - Jurisdiction of Courts

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Place of Trial

Magistrates courts

An ordinary, senior or provincial magistrate may normally only try offences committed within his province and a regional magistrate may only try cases within his regional division. This basic rule is, however, subject to numerous exceptions and qualifications. A case may be tried by a court which has jurisdiction to try cases in a particular province or regional division

  • if any act or omission or event which is an element of the offence takes place in that province or regional division;
  • if the offence was commenced or completed in that province or regional division;
  • if the offence was committed within five kilometres of the boundary of that province or regional division;
  • if the offence was committed on any vehicle, including a train, during a journey which passed through that province or regional division or within five kilometres thereof;
  • in cases of theft or receiving or obtaining property unlawfully, if X has or has had any of the property in his possession in that province or division.

In addition,

  • persons charged with incitement or as accessories (after the fact) may be tried by any court having jurisdiction to try the principal offenders;
  • in respect of statutory offences which the legislature has provided may be tried extra-territorially, a court in a province or regional division may try the case even though no part of the offence was committed within the province or regional division.
  • in cases where offences have been committed in several jurisdictions, these may be tried in any of such jurisdictions;
  • provided X consents to it, the Attorney-General may cause X to be tried for the offence in the court of any province;
  • when a court has remanded a person in custody for trial before another court, the prisoner must be transmitted forthwith to the prison of the province where he or she is to be tried.

s 56(2) & (7) MCA

High Court

The High Court can try cases committed in any part of the country.

Crimes Triable

By magistrates

No magistrate may try treason, murder or statutory offences attracting the death penalty: s 49(1) MCA. Magistrates courts may try any other crime

However, only a regional court can try rape cases, unless the Attorney-General remits the case for trial to a magistrates court other than a regional court or it is a summary trial in respect of a person under 18 and the Attorney-General has authorised the trial: s 54(6) MCA.

By High Court

The High Court can try any type of criminal cases, including crimes which may attract the death sentence, including murder and treason.

Penalties Imposable

Crimes Committed Outside Zimbabwe

Illegally Bringing Accused Into Jurisdiction


See Zimbabwe Criminal Defense Manual

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