The Zimbabwe Court Structure 1

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THE ZIMBABWE COURT STRUCTURE

1.THE VILLIAGE COURT

 Also known as the ‘The people’s domestic courts’


and may be equated to the Old Chief’s or
Headman’s court
 Their basic function is to arbitrate in disputes
arising in their immediate ward or community.
 All decisions of the village court are subject to
automatic review by the community court

2.THE COMMUNITY COURT

 There are formal courts of record


 The procedure followed in court is of a formal nature,
similar to that in the high court or the magistrate’s
court and it is obligatory that the proceedings are
recorded.
 As of the village court, the community court also
applies customary law
 In some instances the otherwise formal nature of the
hearings is modified by the provision e.g cross-
examining the defendant which is completely not
permissible in High court.
 There is more lively debate as compared to the rigidly
formal approach.
 The only crimes that may be brought for trial before it
are theft,assault.
3.THE MAGISTRATE COURT

 It derives its existence from an act of Parliament,


and all its powers and duties are determined by that
enactment
 The act in question here is the Magistrates court Act
Chapter 18
 There are magistrates’ court presided over by
resident magistrates in all the major centres of the
country and in many minor centres as well
 Magistrates are civil servants and initially are
usually appointed from the clerical section of the
department of magistrates’ courts
 Magistrates may try any crime except murder or any
case requiring the imposition of the death penalty
 A magistrate may also preside over a preparatory
examination. a preparatory examination is not a
trial but an inquiry
 Rules governing the preparatory examinations are
contained in the Criminal Procedure and Evidence
act Chapter 59
 It may be noted that the magistrate’s duties do not
begin and end in the court. He spends many hours
researching the law and considering the facts that
apply to the case before him
 Furthermore he is responsible for various
administrative functions such as considering
applications for adoption and adjudicating upon
applications for maintain ace brought under the
maintainace Act chapter 35
 The magistrate is also the visiting justice to the
prisons, ensuring that the food accommodation and
other facilities available to the prisoners are
satisfied and investigating and acting upon any
complains received

4.THE HIGH COURT

 In both civil and criminal cases the high court may


hear any matter recognised by law
 In criminal matters the high court may pass any
sentence permitted by law, it alone may impose the
death penalty
 Its powers of punishment are unrestricted in regard to
the amount of fine or the term of imprisonment that
may be imposed.
 The only exception to this is in relation to certain
statutes which prescribes the maximum penalty that
may be passed for contraventions of its provisions.
 The high court has the power to review and alter the
decisions on lower courts
 Any appeal as to conviction must go to the supreme
court

5. THE SUPREME COURT

 Normally sits Harare, but on occasion has a session in


Bulawayo and the judges of these courts sit
periodically at Gweru, Mutare and Masvingo.
 The supreme court has jurisdiction to hear appeals
from all lower courts including High court and any
other courts.
 It has the power to confirm, set aside or vary the
judgement or order appealed against

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