Difference between revisions of "The Constitution of Zimbabwe"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 2,074: Line 2,074:
 
===THE JUDICIARY===
 
===THE JUDICIARY===
  
−
Article 79 Judicial authority
+
'''Article 79 Judicial authority'''
 +
 
  
 +
 
(a) the Supreme Court; and
 
(a) the Supreme Court; and
 +
 
(b) the High Court; and
 
(b) the High Court; and
 +
 
(c) such other courts subordinate to the Supreme Court and the High Court as may be established by or under an Act of Parliament.
 
(c) such other courts subordinate to the Supreme Court and the High Court as may be established by or under an Act of Parliament.
 +
  
 +
 
(a) vesting adjudicating functions in a person or authority other than a court referred to in subsection (1); or
 
(a) vesting adjudicating functions in a person or authority other than a court referred to in subsection (1); or
 +
 
(b) vesting functions other than adjudicating functions in a court referred to in subsection (1) or in a member of the judiciary.
 
(b) vesting functions other than adjudicating functions in a court referred to in subsection (1) or in a member of the judiciary.
 
(Section as substituted by s.10 of Act 30 of 1990 - Amdmt No.11)
 
(Section as substituted by s.10 of Act 30 of 1990 - Amdmt No.11)
  
−
Article 79A Judiciary
+
'''Article 79A Judiciary'''
 +
 
  
 +
 
(a) the Chief Justice, who shall be the head of the judiciary; and
 
(a) the Chief Justice, who shall be the head of the judiciary; and
 +
 
(b) the judges of the Supreme Court; and
 
(b) the judges of the Supreme Court; and
 +
 
(c) the Judge President and the other judges of the High Court; and
 
(c) the Judge President and the other judges of the High Court; and
 +
 
(d) persons presiding over other courts subordinate to the Supreme Court and the High Court that are established by or under an Act of Parliament.
 
(d) persons presiding over other courts subordinate to the Supreme Court and the High Court that are established by or under an Act of Parliament.
 
(Section as inserted by s.10 of Act 30 of 1990 - Amdmt No.11)
 
(Section as inserted by s.10 of Act 30 of 1990 - Amdmt No.11)
  
−
Article 79B Independence of judiciary
+
'''Article 79B Independence of judiciary'''
 +
 
 
In the exercise of his judicial authority, a member of the judiciary shall not be subject to the direction or control of any person or authority, except to the extent that a written law may place him under the direction or control of another member of the judiciary.
 
In the exercise of his judicial authority, a member of the judiciary shall not be subject to the direction or control of any person or authority, except to the extent that a written law may place him under the direction or control of another member of the judiciary.
 +
 
(Section as inserted by s.10 of Act 30 of 1990 - Amdmt No.11)
 
(Section as inserted by s.10 of Act 30 of 1990 - Amdmt No.11)
  
−
Article 80 Supreme Court
+
'''Article 80 Supreme Court'''
 +
 
 
(1) There shall be a Supreme Court which shall be a superior court of record and the final court of appeal for Zimbabwe and shall have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
 
(1) There shall be a Supreme Court which shall be a superior court of record and the final court of appeal for Zimbabwe and shall have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
 +
 
(Subsection as amended by s.11 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as amended by s.11 of Act 30 of 1990 - Amdmt No.11)
 +
  
 +
 
(a) the Chief Justice;
 
(a) the Chief Justice;
 +
 
(b) such other judges of the Supreme Court, being not less than two, as the President may deem necessary;
 
(b) such other judges of the Supreme Court, being not less than two, as the President may deem necessary;
 +
 
(c) such other judges as have been appointed under subsection (3).
 
(c) such other judges as have been appointed under subsection (3).
 +
 
(3) If the services of an additional judge are required for a limited period, the Chief Justice may appoint a person who holds the office of judge of the High Court or who has held office as a judge of the Supreme Court or the High Court to act as a judge of the Supreme Court for such period as may be specified by the Chief Justice.
 
(3) If the services of an additional judge are required for a limited period, the Chief Justice may appoint a person who holds the office of judge of the High Court or who has held office as a judge of the Supreme Court or the High Court to act as a judge of the Supreme Court for such period as may be specified by the Chief Justice.
 +
  
 +
 
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
 
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
 +
 
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
 
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
 +
 
Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the Supreme Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
 
Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the Supreme Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
 +
 
(Subsection as inserted by s.8 of Act 1 of 1983 - Amdmt No.3)
 
(Subsection as inserted by s.8 of Act 1 of 1983 - Amdmt No.3)
 
(Section as substituted by s.3 of Act 25 of 1981 - Amdmt No.2)
 
(Section as substituted by s.3 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 81 High Court and criminal jurisdiction of other courts
+
'''Article 81 High Court and criminal jurisdiction of other courts'''
 +
 
 
(1) There shall be a High Court which shall be a superior court of record and shall have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
 
(1) There shall be a High Court which shall be a superior court of record and shall have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
 
(Subsection as amended by s.12 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as amended by s.12 of Act 30 of 1990 - Amdmt No.11)
 +
  
 +
 
(a) the Chief Justice;
 
(a) the Chief Justice;
 +
 
(b) the Judge President of the High Court who shall, subject to the directions of the Chief Justice, be in charge of the High Court;
 
(b) the Judge President of the High Court who shall, subject to the directions of the Chief Justice, be in charge of the High Court;
 +
 
(c) such other judges of the High Court as may from time to time be appointed.
 
(c) such other judges of the High Court as may from time to time be appointed.
 +
 
(3) The Chief Justice may, from time to time, after consultation with the Judge President of the High Court, appoint a judge of the Supreme Court to act as a judge of the High Court.
 
(3) The Chief Justice may, from time to time, after consultation with the Judge President of the High Court, appoint a judge of the Supreme Court to act as a judge of the High Court.
 +
 
(4) No law, other than a disciplinary law, shall confer jurisdiction in criminal matters upon a court or other adjudicating authority, other than the Supreme Court or the High Court, which did not have such jurisdiction before the appointed day:
 
(4) No law, other than a disciplinary law, shall confer jurisdiction in criminal matters upon a court or other adjudicating authority, other than the Supreme Court or the High Court, which did not have such jurisdiction before the appointed day:
 +
 
Provided that the provisions of this subsection shall not apply to a law which confers any such jurisdiction on a court in terms of which the only penalty that may be imposed by the court is a monetary one.
 
Provided that the provisions of this subsection shall not apply to a law which confers any such jurisdiction on a court in terms of which the only penalty that may be imposed by the court is a monetary one.
 +
  
 +
 
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
 
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
 +
 
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
 
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
 +
 
Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the High Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
 
Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the High Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
 +
 
(Subsection as inserted by s.9 of Act 1 of 1983 - Amdmt No.3)
 
(Subsection as inserted by s.9 of Act 1 of 1983 - Amdmt No.3)
 
(Section as substituted by s.3 of Act 25 of 1981 - Amdmt No.2)
 
(Section as substituted by s.3 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 82 Qualifications of judges
+
'''Article 82 Qualifications of judges'''
 +
 
  
 +
 
(a) he is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language; or
 
(a) he is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language; or
 +
  
 +
 
(i) in Zimbabwe:
 
(i) in Zimbabwe:
 +
 
(ii) in a country in which the common law is Roman-Dutch and English is an official language; or
 
(ii) in a country in which the common law is Roman-Dutch and English is an official language; or
 +
 
(iii) if he is a citizen of Zimbabwe, in a country in which the common law is English and English is an official language.
 
(iii) if he is a citizen of Zimbabwe, in a country in which the common law is English and English is an official language.
 +
 
(Subsection as amended by sections 4 and 13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by sections 4 and 13 of Act 25 of 1981 - Amdmt No.2)
 +
  
 +
 
(a) any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included; and
 
(a) any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included; and
 +
 
(b) any period during which he has held judicial office, whether in or outside Zimbabwe, after having so qualified as a legal practitioner shall be included;
 
(b) any period during which he has held judicial office, whether in or outside Zimbabwe, after having so qualified as a legal practitioner shall be included;
 +
 
and the reference in subsection (1)(b) to a legal practitioner shall include a reference to persons in other jurisdictions who have comparable functions or who have been admitted to practise the profession of law as advocates or attorneys by whatever name they may be called.
 
and the reference in subsection (1)(b) to a legal practitioner shall include a reference to persons in other jurisdictions who have comparable functions or who have been admitted to practise the profession of law as advocates or attorneys by whatever name they may be called.
 +
 
(Subsection as substituted by s.4 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as substituted by s.4 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 83 Oath of office
+
'''Article 83 Oath of office'''
 +
 
 
A judge of the Supreme Court or the High Court, including an acting judge, shall, before entering upon his office, take and subscribe before the President or some person authorised by the President in that behalf the oath of loyalty and the judicial oath in the forms set out in Schedule 1:
 
A judge of the Supreme Court or the High Court, including an acting judge, shall, before entering upon his office, take and subscribe before the President or some person authorised by the President in that behalf the oath of loyalty and the judicial oath in the forms set out in Schedule 1:
 +
 
Provided that where a person is appointed in terms of section 80(3) or 81(3) to act as a judge of the Supreme Court or the High Court, as the case may be, it shall not be necessary for such person to take and subscribe the oaths referred to in this section in respect of such appointment.
 
Provided that where a person is appointed in terms of section 80(3) or 81(3) to act as a judge of the Supreme Court or the High Court, as the case may be, it shall not be necessary for such person to take and subscribe the oaths referred to in this section in respect of such appointment.
 +
 
(Section as substituted by s.5 of Act 25 of 1981 - Amdmt No.2)
 
(Section as substituted by s.5 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 84 Appointment of judges
+
'''Article 84 Appointment of judges'''
 +
 
 
(1) The Chief Justice and other judges of the Supreme Court and the High Court shall be appointed by the President after consultation with the Judicial Service Commission.
 
(1) The Chief Justice and other judges of the Supreme Court and the High Court shall be appointed by the President after consultation with the Judicial Service Commission.
 
(Subsection as substituted by s.12 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as substituted by s.12 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2) If the appointment of a Chief Justice or a judge of the Supreme Court or the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of subsection (1), the President shall cause Parliament to be informed as soon as is practicable.
 
(2) If the appointment of a Chief Justice or a judge of the Supreme Court or the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of subsection (1), the President shall cause Parliament to be informed as soon as is practicable.
 +
 
(Subsection as substituted by s.12 of Act 23 of 1987 - Amdmt No.7, and as amended by s.13 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as substituted by s.12 of Act 23 of 1987 - Amdmt No.7, and as amended by s.13 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3) The appointment of a judge in terms of this section, whether made before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No.4) Act, 1984, may be made for a fixed period and any judge so appointed may, notwithstanding that the period of his appointment has expired, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced or heard by him while he was in office.
 
(3) The appointment of a judge in terms of this section, whether made before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No.4) Act, 1984, may be made for a fixed period and any judge so appointed may, notwithstanding that the period of his appointment has expired, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced or heard by him while he was in office.
 +
 
(Subsection as inserted by s.2 of Act 4 of 1984 - Amdmt No.4)
 
(Subsection as inserted by s.2 of Act 4 of 1984 - Amdmt No.4)
  
−
Article 85 Acting judges
+
'''Article 85 Acting judges'''
 +
 
 
(1) If the office of the Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of his office, the President may, after consulting the Judicial Service Commission, appoint some person holding the office of judge of the Supreme Court or Judge President of the High Court to act as Chief Justice.
 
(1) If the office of the Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of his office, the President may, after consulting the Judicial Service Commission, appoint some person holding the office of judge of the Supreme Court or Judge President of the High Court to act as Chief Justice.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office.
 
(2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
  
 +
 
(a) shall, subject to the provisions of section 87, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, after consultation with the Judicial Service Commission; and
 
(a) shall, subject to the provisions of section 87, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, after consultation with the Judicial Service Commission; and
 +
 
(Paragraph as amended by s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced before or heard by him while he was so acting.
 
(b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced before or heard by him while he was so acting.
  
−
Article 86 Tenure of office of judges
+
'''Article 86 Tenure of office of judges'''
 +
 
 
(1) Subject to the provisions of section 87, a judge of the Supreme Court or the High Court shall retire when he attains the age of sixty-five years unless, before he attains that age, he has elected to retire on attaining the age of seventy years:
 
(1) Subject to the provisions of section 87, a judge of the Supreme Court or the High Court shall retire when he attains the age of sixty-five years unless, before he attains that age, he has elected to retire on attaining the age of seventy years:
 +
  
 +
 
(a) an election under this subsection shall be subject to the submission to, and acceptance by, the President, after consultation with the Judicial Service Commission, of a medical report as to the mental and physical fitness of the judge so to continue in office;
 
(a) an election under this subsection shall be subject to the submission to, and acceptance by, the President, after consultation with the Judicial Service Commission, of a medical report as to the mental and physical fitness of the judge so to continue in office;
 +
 
(b) the provisions of this subsection shall not apply to an acting judge or a judge who has been appointed for a fixed period of office;
 
(b) the provisions of this subsection shall not apply to an acting judge or a judge who has been appointed for a fixed period of office;
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; sections 3 and 7 of Act of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; sections 3 and 7 of Act of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2) A judge of the Supreme Court or the High Court may at any time resign his office by notice in writing to the President.
 
(2) A judge of the Supreme Court or the High Court may at any time resign his office by notice in writing to the President.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 +
 
(3) The office of a judge of the Supreme Court or the High Court shall not, without his consent, be abolished during his tenure of office.
 
(3) The office of a judge of the Supreme Court or the High Court shall not, without his consent, be abolished during his tenure of office.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 +
 
(4) A judge of the Supreme Court or the High Court may, notwithstanding that he has attained the age at which he is required by subsection (1) to retire, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced before or heard by him while he was in office.
 
(4) A judge of the Supreme Court or the High Court may, notwithstanding that he has attained the age at which he is required by subsection (1) to retire, sit as a judge for the purpose of giving judgement or otherwise in relation to any proceedings commenced before or heard by him while he was in office.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 87 Removal of judges from office
+
'''Article 87 Removal of judges from office'''
 +
 
 
(1) A judge of the Supreme Court or the High Court may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
 
(1) A judge of the Supreme Court or the High Court may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 +
 
(2) If the President considers that the question of the removal from office of the Chief Justice ought to be investigated, the President shall appoint a tribunal to inquire into the matter.
 
(2) If the President considers that the question of the removal from office of the Chief Justice ought to be investigated, the President shall appoint a tribunal to inquire into the matter.
 
(Subsection as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(3) If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter.
 
(3) If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.6 of Act 4 of 1985 - Amdmt No.5; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.6 of Act 4 of 1985 - Amdmt No.5; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
  
 +
 
(a) persons who have held office as a judge of the Supreme Court or the High Court;
 
(a) persons who have held office as a judge of the Supreme Court or the High Court;
 +
 
(b) persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language;
 
(b) persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language;
 +
 
(c) legal practitioners of not less than seven years' standing who have been nominated under subsection (5);
 
(c) legal practitioners of not less than seven years' standing who have been nominated under subsection (5);
 +
 
(d) (Paragraph repealed by s.6 of Act 25 of 1981 - Amdmt No.2)
 
(d) (Paragraph repealed by s.6 of Act 25 of 1981 - Amdmt No.2)
 +
 
one of whom shall be designated by the President as chairman.
 
one of whom shall be designated by the President as chairman.
 +
 
(Subsection as amended by sections 6 and 13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by sections 6 and 13 of Act 25 of 1981 - Amdmt No.2)
 +
 
(4a) In computing, for the purposes of subsection (4)(c), the period during which a person has had standing as a legal practitioner, any period during which he has had standing as an advocate or attorney in Zimbabwe shall be included.
 
(4a) In computing, for the purposes of subsection (4)(c), the period during which a person has had standing as a legal practitioner, any period during which he has had standing as an advocate or attorney in Zimbabwe shall be included.
 +
 
(Subsection as inserted by s.6 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as inserted by s.6 of Act 25 of 1981 - Amdmt No.2)
 +
 
(5) It shall be the duty of the association which is constituted under an Act of Parliament and which represents legal practitioners practising in Zimbabwe to nominate a panel containing the names of not less than three duly qualified legal practitioners for the purposes of subsection (4)(c) when so required by the President.
 
(5) It shall be the duty of the association which is constituted under an Act of Parliament and which represents legal practitioners practising in Zimbabwe to nominate a panel containing the names of not less than three duly qualified legal practitioners for the purposes of subsection (4)(c) when so required by the President.
 +
 
(Subsection as amended by s.6 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.6 of Act 25 of 1981 - Amdmt No.2)
 +
 
(6) A tribunal appointed under subsection (2) or (3) shall inquire into the matter and report on the facts thereof to the President and recommend to the President whether or not he should refer the question of the removal of the judge from office to the Judicial Service Commission, and the President shall act in accordance with such recommendation.
 
(6) A tribunal appointed under subsection (2) or (3) shall inquire into the matter and report on the facts thereof to the President and recommend to the President whether or not he should refer the question of the removal of the judge from office to the Judicial Service Commission, and the President shall act in accordance with such recommendation.
 +
 
(7) The provisions of the Commissions of Inquiry Act [Chapter 80] as in force at the time or any other law substituted for the same shall, mutatis mutandis, apply in relation to a tribunal appointed under subsection (2) or (3) as they apply to commissioners appointed under that Act.
 
(7) The provisions of the Commissions of Inquiry Act [Chapter 80] as in force at the time or any other law substituted for the same shall, mutatis mutandis, apply in relation to a tribunal appointed under subsection (2) or (3) as they apply to commissioners appointed under that Act.
 +
 
(8) If the question of removing a judge of the Supreme Court or the High Court from office has been referred to a tribunal under subsection (2) or (3), the judge shall be suspended from performing the functions of his office until the President, on the recommendation of the tribunal or the Judicial Service Commission, revokes the suspension or the judge is removed from office in accordance with subsection (9).
 
(8) If the question of removing a judge of the Supreme Court or the High Court from office has been referred to a tribunal under subsection (2) or (3), the judge shall be suspended from performing the functions of his office until the President, on the recommendation of the tribunal or the Judicial Service Commission, revokes the suspension or the judge is removed from office in accordance with subsection (9).
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 +
 
(9) If the question of the removal of a judge has been referred to the Judicial Service Commission in accordance with subsection (6) and the Commission advises that the judge be removed from office, the President shall, by order under the public seal, remove the judge from office.
 
(9) If the question of the removal of a judge has been referred to the Judicial Service Commission in accordance with subsection (6) and the Commission advises that the judge be removed from office, the President shall, by order under the public seal, remove the judge from office.
  
−
Article 88 Remuneration of judges
+
''Article 88 Remuneration of judges''
 +
 
 
(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to a person who holds the office of or is acting as Chief Justice, a judge of the Supreme Court, Judge President of the High Court or a judge of the High Court such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
 
(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to a person who holds the office of or is acting as Chief Justice, a judge of the Supreme Court, Judge President of the High Court or a judge of the High Court such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.20)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.20)
 +
 
(2) The salary and allowances payable to a person under subsection (1) shall not be reduced during the period he holds the office concerned or acts as holder thereof.
 
(2) The salary and allowances payable to a person under subsection (1) shall not be reduced during the period he holds the office concerned or acts as holder thereof.
  
−
Article 89 Law to be administered
+
'''Article 89 Law to be administered'''
 +
 
 
Subject to the provisions of any law for the time being in force in Zimbabwe relating to the application of African customary law, the law to be administered by the Supreme Court, the High Court and by any courts in Zimbabwe subordinate to the High Court shall be the law in force in the Colony of the Cape of Good Hope on 10th June, 1891, as modified by subsequent legislation having in Zimbabwe the force of law.
 
Subject to the provisions of any law for the time being in force in Zimbabwe relating to the application of African customary law, the law to be administered by the Supreme Court, the High Court and by any courts in Zimbabwe subordinate to the High Court shall be the law in force in the Colony of the Cape of Good Hope on 10th June, 1891, as modified by subsequent legislation having in Zimbabwe the force of law.
 +
 
(Section as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Section as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
  
−
Article 90 Judicial Service Commission
+
'''Article 90 Judicial Service Commission'''
 +
 
  
 +
 
(a) the Chief Justice or, if there is no Chief Justice or acting Chief Justice or the Chief Justice is not available, the most senior judge of the Supreme Court who is available;
 
(a) the Chief Justice or, if there is no Chief Justice or acting Chief Justice or the Chief Justice is not available, the most senior judge of the Supreme Court who is available;
 +
 
(b) the Chairman of the Public Service Commission;
 
(b) the Chairman of the Public Service Commission;
 +
 
(c) the Attorney-General;
 
(c) the Attorney-General;
 +
 
(d) no less than two or more than three other members appointed, subject to the provisions of subsection (2), by the President.
 
(d) no less than two or more than three other members appointed, subject to the provisions of subsection (2), by the President.
 +
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 +
  
 +
 
(a) is or has been a judge of the Supreme Court or the High Court; or
 
(a) is or has been a judge of the Supreme Court or the High Court; or
 +
 
(b) is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or
 
(b) is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or
 +
 
(c) possesses such legal qualifications and has had such legal experience as the President considers suitable and adequate for his appointment to the Judicial Service Commission;
 
(c) possesses such legal qualifications and has had such legal experience as the President considers suitable and adequate for his appointment to the Judicial Service Commission;
 
and the other members shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment.
 
and the other members shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment.
 +
 
(Subsection as amended by s.13 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as amended by s.13 of Act 30 of 1990 - Amdmt No.11)
 +
 
(3) In computing, for the purpose of subsection (2)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included.
 
(3) In computing, for the purpose of subsection (2)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included.
 +
 
(Section as substituted by s.4 of Act 4 of 1984 - Amdmt No.4)
 
(Section as substituted by s.4 of Act 4 of 1984 - Amdmt No.4)
  
−
Article 91 Functions of Judicial Service Commission
+
'''Article 91 Functions of Judicial Service Commission'''
 +
 
 
The functions of the Judicial Service Commission shall be to tender such advice and do such things in relation to the judiciary as are provided for by this Constitution or by or under an Act of Parliament.
 
The functions of the Judicial Service Commission shall be to tender such advice and do such things in relation to the judiciary as are provided for by this Constitution or by or under an Act of Parliament.
 +
 
(Section as substituted by s.14 of Act 30 of 1990 - Amdmt No.11)
 
(Section as substituted by s.14 of Act 30 of 1990 - Amdmt No.11)
  
−
Article 92 Persons presiding over special courts
+
'''Article 92 Persons presiding over special courts'''
 +
 
 
(1) The power to appoint persons to preside over a special court shall vest in the President, after consultation with the Judicial Service Commission:
 
(1) The power to appoint persons to preside over a special court shall vest in the President, after consultation with the Judicial Service Commission:
 +
 
Provided that Parliament may provide that the Chief Justice may, after consulting the Judicial Service Commission, appoint a person holding the office of judge of the High Court to preside over a special court for such period as he may specify.
 
Provided that Parliament may provide that the Chief Justice may, after consulting the Judicial Service Commission, appoint a person holding the office of judge of the High Court to preside over a special court for such period as he may specify.
 +
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2; s.7 of Act 4 of 1984 - Amdmt No.4; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2) During the term of office of a person appointed to preside over a special court his conditions of service shall not be amended and his office shall not be abolished without his consent.
 
(2) During the term of office of a person appointed to preside over a special court his conditions of service shall not be amended and his office shall not be abolished without his consent.
 +
  
−
(a) vest the functions of a special court in another special court if such Act provides that any person who has been appointed to preside over the first-mentioned court shall be deemed to have been appointed to preside over the second-mentioned court; and
+
 
 +
(a) vest the functions of a special court in another special court if such Act provides that any person who has been appointed to preside over the first-mentioned court shall be deemed to have  
 +
been appointed to preside over the second-mentioned court; and
 +
 
 
(b) effect a change in the designation of the person referred to in paragraph (a).
 
(b) effect a change in the designation of the person referred to in paragraph (a).
 +
  
 +
 
(a) the Administrative Court established by section 3 of the Administrative Court Act (Chapter 7:07);
 
(a) the Administrative Court established by section 3 of the Administrative Court Act (Chapter 7:07);
 +
 
(Paragraph as substituted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 
(Paragraph as substituted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 +
 
(a1) the Fiscal Appeal Court established by section 3 of the Fiscal Appeal Court Act (Chapter 23:05);
 
(a1) the Fiscal Appeal Court established by section 3 of the Fiscal Appeal Court Act (Chapter 23:05);
 +
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 +
 
(a2) the Special Court for Income Tax Appeals established by section 64 of the Income Tax Act (Chapter 23:06);
 
(a2) the Special Court for Income Tax Appeals established by section 64 of the Income Tax Act (Chapter 23:06);
 +
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 +
 
(a3) any court or other adjudicating authority established by law which exercises any function that was vested in a court referred to in paragraph (a), (a1) or (a2) on the date of commencement of the Constitution of Zimbabwe Amendment (No.15) Act, 1998;
 
(a3) any court or other adjudicating authority established by law which exercises any function that was vested in a court referred to in paragraph (a), (a1) or (a2) on the date of commencement of the Constitution of Zimbabwe Amendment (No.15) Act, 1998;
 +
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 
(Paragraph as inserted by s.2 of Act No.10 of 1998 - Amdmt No.15.)
 +
  
 +
 
(i) a local court; or
 
(i) a local court; or
 +
 
(ii) a court established by or under a disciplinary law; or
 
(ii) a court established by or under a disciplinary law; or
 +
 
(iii) a court established by or under an Act of Parliament for the adjudication of small civil claims;
 
(iii) a court established by or under an Act of Parliament for the adjudication of small civil claims;
 +
 
if there is no right of appeal, directly or indirectly, from a decision of that court or adjudicating authority to the Supreme Court or the High Court;
 
if there is no right of appeal, directly or indirectly, from a decision of that court or adjudicating authority to the Supreme Court or the High Court;
 +
 
(Paragraph as substituted by s.12 of Act No.14 of 1996 - Amdmt No.14)
 
(Paragraph as substituted by s.12 of Act No.14 of 1996 - Amdmt No.14)
 +
 
(c) any court or other adjudicating authority established by law which is declared by that law to be a special court for the purposes of this section.
 
(c) any court or other adjudicating authority established by law which is declared by that law to be a special court for the purposes of this section.
  
 +
== CHAPTER 9 ==
  
−
CHAPTER 9-
+
===THE POLICE FORCE===
−
THE POLICE FORCE
 
  
 +
'''Article 93 Police Force and Commissioner of Police'''
  
−
Article 93 Police Force and Commissioner of Police
 
 
(1) There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.
 
(1) There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.
 
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.

Revision as of 10:58, 16 April 2010

Retrieved from "https://defensewiki.ibj.org/index.php?title=The_Constitution_of_Zimbabwe&oldid=942"