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Inherent and Original Jurisdiction

The judiciary in Zimbabwe, particularly the High Court, Supreme Court, and Constitutional Court, plays a vital role in upholding the rule of law and ensuring justice. The High Court has unlimited original jurisdiction over civil and criminal matters, while the Supreme Court serves as the highest appellate court and the Constitutional Court focuses on constitutional interpretation. Together, these courts ensure legal consistency, protect civil liberties, and maintain the integrity of Zimbabwe's legal system.

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0% found this document useful (0 votes)
5 views4 pages

Inherent and Original Jurisdiction

The judiciary in Zimbabwe, particularly the High Court, Supreme Court, and Constitutional Court, plays a vital role in upholding the rule of law and ensuring justice. The High Court has unlimited original jurisdiction over civil and criminal matters, while the Supreme Court serves as the highest appellate court and the Constitutional Court focuses on constitutional interpretation. Together, these courts ensure legal consistency, protect civil liberties, and maintain the integrity of Zimbabwe's legal system.

Uploaded by

nyakungutheresa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The judiciary plays a crucial role in upholding the rule of law, interpreting legislation, and

ensuring justice in Zimbabwe. Courts derive their authority from the Constitution of Zimbabwe,
2013, which defines their jurisdiction and powers. Among the superior courts, the High Court,
Supreme Court, and Constitutional Court possess inherent jurisdiction, enabling them to hear and
determine matters even in the absence of explicit statutory provisions.

1. High Court of Zimbabwe

The High Court of Zimbabwe is vested with inherent jurisdiction under Section 171(1)(a) of the
Constitution, which grants it "unlimited original jurisdiction in all civil and criminal matters
throughout Zimbabwe." This means that the court has the authority to hear and determine any
legal dispute, irrespective of whether a specific statute explicitly provides for it. The doctrine of
inherent jurisdiction ensures that the High Court remains a court of first instance in matters
requiring judicial intervention, allowing it to fill legal gaps where necessary. Additionally, the
High Court exercises review and supervisory jurisdiction over lower courts, administrative
tribunals, and quasi-judicial bodies under Section 171(1)(b). This function empowers the court to
ensure that justice is administered fairly and that inferior courts and administrative bodies act
within their lawful authority. The High Court’s broad jurisdiction affirms its status as a pillar of
judicial oversight and legal adjudication in Zimbabwe.

2. Supreme Court of Zimbabwe

The Supreme Court serves as the highest appellate court in Zimbabwe, with inherent jurisdiction
to review and determine appeals from lower courts, ensuring the uniform application of the law.
As established under Section 168 of the Constitution, it has the authority to hear and decide on
all matters, except those that fall under the exclusive jurisdiction of the Constitutional Court.
This broad appellate role allows it to oversee and rectify errors of law and procedure in lower
court rulings. Furthermore, its inherent jurisdiction enables it to manage its own processes,
regulate its functions, and fill any legal voids that may arise in judicial proceedings. The
Supreme Court plays a critical role in ensuring the fair administration of justice, safeguarding
legal consistency, and upholding fundamental principles of law within the judicial system.

3. Constitutional Court of Zimbabwe


The Constitutional Court holds the highest authority in constitutional matters, with inherent
jurisdiction focused on constitutional interpretation and enforcement, as enshrined in Section
166(1) of the Constitution. It serves as the ultimate arbiter in constitutional disputes, ensuring
compliance with the supreme law of the land. This court hears cases that pertain to fundamental
rights, governance issues, and disputes that challenge the constitutionality of laws, executive
actions, and policies. Its inherent jurisdiction allows it to adjudicate over constitutional crises,
protect civil liberties, and ensure the Constitution remains the cornerstone of Zimbabwe's legal
and political order. Given its role, the Constitutional Court not only resolves disputes but also
provides authoritative guidance on constitutional matters, shaping the trajectory of Zimbabwean
jurisprudence and reinforcing the rule of law.

1. Criminal and Civil Jurisdiction

The High Court has unlimited jurisdiction in criminal cases, meaning it has the authority to
preside over serious offenses such as murder, treason, armed robbery, corruption, and other
major crimes that carry significant penalties. This makes it a key institution in the administration
of justice and the enforcement of criminal law in Zimbabwe. The court also has the power to
impose severe sentences, including life imprisonment, making it central to addressing crime and
maintaining public order.

Similarly, in civil cases, the High Court has comprehensive jurisdiction over disputes relating to
contract law, delict (tort law), property rights, inheritance law, family law, and commercial
disputes. Unlike lower courts, which have monetary or subject-matter limitations, the High Court
can adjudicate cases of any financial value or legal complexity. This ensures that individuals and
corporations seeking legal remedies for civil wrongs or contractual breaches can obtain justice at
the highest level of original jurisdiction. The High Court also plays a significant role in handling
complex corporate litigation, intellectual property disputes, and constitutional damages claims,
reflecting its broad civil mandate.
2. Constitutional Jurisdiction

Although the Constitutional Court is the final authority on constitutional matters, the High Court
also has original jurisdiction in constitutional issues under Section 171(1)(c) of the Constitution.
This means that litigants can directly approach the High Court when seeking relief for violations
of fundamental rights and freedoms enshrined in the Declaration of Rights (Chapter 4 of the
Constitution). For instance, cases involving freedom of expression, political rights, unlawful
detention, discrimination, or property rights may first be heard in the High Court before they are
escalated on appeal to the Constitutional Court.

Furthermore, the High Court has the power to determine the constitutionality of laws, policies,
and administrative actions, ensuring that government institutions operate within the limits of the
Constitution. Through its rulings, the High Court can strike down unconstitutional laws, grant
orders compelling government compliance with constitutional provisions, and issue declarations
of invalidity regarding executive overreach. This role makes the High Court a crucial guardian of
Zimbabwe’s constitutional democracy.

3. Supervisory and Review Powers

The High Court exercises original jurisdiction in reviewing administrative decisions, statutory
bodies, and lower courts under Section 171(1)(b) of the Constitution. This means that it has the
power to review the legality, reasonableness, and procedural fairness of decisions made by
public officials, government agencies, and regulatory bodies. Judicial review is an essential
function of the High Court as it ensures that executive actions comply with principles of natural
justice, due process, and the rule of law.

For instance, the High Court can review decisions related to immigration, land disputes, electoral
processes, labor law, procurement contracts, and disciplinary proceedings in public institutions.
If an administrative body has acted ultra vires (beyond its legal powers), unfairly, or in violation
of constitutional rights, the High Court can set aside such decisions and order appropriate
corrective measures.

Additionally, the High Court has supervisory powers over lower courts, including the
Magistrates' Courts and specialized tribunals. This ensures that judicial officers in subordinate
courts follow proper legal procedures and administer justice in accordance with established legal
principles. The High Court can intervene in cases where there has been a miscarriage of justice,
procedural irregularity, or a failure to apply the law correctly.

By exercising its supervisory and review jurisdiction, the High Court upholds accountability,
protects citizens from administrative abuses, and ensures that justice is not only done but seen to
be done within Zimbabwe’s legal system.

In conclusion, the High Court of Zimbabwe’s original jurisdiction enables it to hear cases at first
instance across various legal domains, reinforcing its pivotal role in the country’s judicial
system.

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