STRUCTURE OF COURTS

NB All sections referred to are constitutional sections

Courts are generally classified into criminal and civil courts. Civil courts are further divided into
two namely; ordinary civil courts and specialized courts. To better comprehend the courts structure
focus will be on jurisdiction and composition. Jurisdiction refers to the power of a court to preside
or hear a matter while, composition basically refers to the judicial officers who sit in a particular
court.

CRIMINAL COURTS

MAGISTRATES COURT

These are the lowest courts and courts of first instance for almost all criminal matters. The
Magistrates court is a creature of statute being governed by the Magistrates Court Act (Chapter
7:10) and the Criminal Procedure and Evidence Act (Chapter 9:07)

JURISDICTION
Jurisdiction has three determinants
● Territorial
The magistrates’ court has no jurisdiction over common law crimes committed outside
Zimbabwe. The general rule is that it has jurisdiction over crimes committed within its
province or region in which it is established. However, there are exceptions to this general
rule
i. When an offence is committed within 5 km beyond its boundary
ii. Where an element of the offence takes place in that province
iii. The prosecutor general, with the consent of the accused, may direct that the trial be
held in the court of any province.

● Nature of crime
The court has jurisdiction over all criminal offences except
 i. Treason
ii. Insurgency/banditry
iii. Murder
iv. Any statutory offence for which the death sentence is mandatory
However, only the regional magistrate has the jurisdiction to try rape cases

● Punishment that may be imposed (sentencing jurisdiction)

Magistrates are classified into ordinary, senior, provincial and regional magistrates. Ann
ordinary magistrate is limited to handing down sentences that do not exceed 12 months.
However, this power can be increased to two years under ‘increased jurisdiction’ and five
years under ‘special jurisdiction’ for common law crimes such as public violence , arson
and malicious damage to property.
Senior magistrate is limited to giving sentences that do not exceed two years. But this
power may be extended under increased or special jurisdiction but should not exceed five
years.

Provincial magistrate hands down a maximum sentence of three years but this power can
be increased under increased or special jurisdiction but should not exceed five years.

Regional magistrate has a general jurisdiction is limited to a maximum of seven years.

However, this power can be increased to ten years on special jurisdiction.

COMPOSITION

Magistrates are appointed by the judicial Services Commission and one should be a holder of an
LLB. Assessors are no longer a requirement as previously was the case. However, even then,
assessors were limited to matters of fact. The nature of the case determines the rank of the
magistrate who will compose the particular court.
HIGH COURT

The composition and jurisdiction is governed by the Constitution of Zimbabwe and the High Court
Act

JURISIDICTION

The High court has “full original criminal jurisdiction over all persons and all over matters in
Zimbabwe.” This means the jurisdiction of the high court is not limited regarding the nature of the
crime, the possible punishment and the place, as long as it is in Zimbabwe. However, extra-
territorial jurisdiction is limited ie it cannot exercise extra territorial jurisdiction over common law
offences, save for treason or where the harmful effects is felt In Zimbabwe see S V Mharapara.

The Court has automatic jurisdiction to review criminal proceedings in the Magistrates where a
sentence of more than 12 months is handed down. It also has the power to hear appeals from the
magistrates’ court against conviction, sentence or both.

COMPOSITION

In terms of the Constitution the High court consists of The Chief Justice, Deputy Chief Justice,
Judge President and; such other judges of the High Court as may be appointed from time to time.
When reviewing any criminal proceedings of an inferior court , one or more judges are required.
But for appeals it is mandatory that two judges constitute the bench.

SUPREME COURT
JURISIDICTION
The Supreme Court sits as the final appellate court and does not have original jurisdiction. It as
jurisdiction to hear appeals in criminal cases from lower courts or tribunal from which in terms of
any Act of Parliament, an appeal lies to it.
COMPOSITION

In terms of Section 168 of the Constitution, this Court consists of the Chief Justice and his or her
Deputy and no fewer than two judges.

CIVIL COURTS

MAGISTRATES COURT
COMPOSITION
In civil cases the magistrate sits alone.

JURISDICTION
The magistrates have similar jurisdiction the seniority of a magistrate is not a determinant. The
court has jurisdiction to apply both customary and general law. The magistrates’ court has
jurisdiction under the following circumstances
● Where the claim in question does not exceed its monetary jurisdiction
● Where the cause of action arose wholly in the province
● Where the parties are resident in the province or
● Where parties agree that a certain court hear the matter

The magistrates’ court has no jurisdiction in the following circumstances

● Disputes in respect of validity or interpretation of a written will

● The status of a person in respect of mental capacity
● Dissolution of marriage other than a marriage solemnized in terms of the Customary
Marriages Act (chapter 5:07)

HIGH COURT
COMPOSITION
One judge usually suffices
JURISDICTION
The High court has full original civil jurisdiction over all persons and over all matters within
Zimbabwe. The court enjoys inherent jurisdiction which means the High court is deemed to have
jurisdiction unless prohibited by the law. Since the Court’s original jurisdiction is unlimited, all
matters which can be heard by the Magistrates court can be presided over by the High court as a
court of first instance. The high court can only refuse to hear a case if there is a law precluding it
for hearing a case. The High court has appellate jurisdiction from cases heard by the magistrates’
court. It has inherent review powers over proceedings all inferior courts or tribunals. May decide
constitutional matters except, those that only the Constitutional court may decide. (s171 (1) (c)

SUPREME COURT

COMPOSITION
It is duly constituted when it has three judges. When hearing an appeal from any other court apart
from the high court, two judges suffice. If an appeal involves a difficult or important question of
law, a greater number of judges should be appointed. In a matter involving the application or
interpretation of the Constitution the bench must not be constituted of less than five judges.

JURISDICTION
An appeal from the High court lies to the Supreme Court. The Supreme Court exercises its
appellate powers where the provisions of a relevant statute state so. See section 169 of the
Constitution.

SPECIALIST COURTS

These are courts that deal with a specific area at the behest of Parliament. They are guided and
regulated by the parent Act since they are creatures of statute.

EXAMPLES OF SPECIALIST COURTS

● Administrative Court (s173)

● Commercial Court
● Small Claims Court
● Labour Court (s172)
● Local Courts on Customary law (s174)
● Childrens Court
● Courts martial
● Police Board of officers
● Prison courts
● Parliament sitting as a Court over breach of parliamentary privilege

ADVANTAGES

● They expeditiously hear matters unlike ordinary courts which hear all kind of matters and
litigants are likely to face delays.
● They reduce the burden on ordinary courts
● The use of informal procedures and flexibility enable lay persons to comprehend the
process
● They are cheaper as the necessity for legal representation is not mandatory
● Unlike ordinary courts , specialist courts deliver justice as they have a better appreciation
of specialist aspects whereas, ordinary courts will have to rely on conflicting expert opinion
evidence.
● Offer higher quality decision in complex areas of law where they have exclusive
jurisdiction

DISADVANTAGES

● Informal nature of proceedings can lead to injustice where principles of natural justice
are compromised.
● Their jurisdiction is limited
● Limits the resources available to ordinary courts
● Limits the judges scope on the law as they only preside on a specialized aspect
● Finality of cases is uncertain as there is a fear that the proceedings may be set aside by
the High Court for lack of jurisdiction
 ● Some specialist courts handle complex matters to which litigants would inevitably
require the services of a specialist

CONSTITUTIONAL COURT

Is the highest court of record on constitutional matters.

COMPOSITION

Consists of the Chief Justice and his or her deputy, and five other judges of the Constitutional
court. Where a case concerns allegations on infringements of fundamental rights and freedoms,
or election of the President or vice president then the matter should be heard by all judges of
the Constitutional court. Any other case must be heard by at least 3 judges.

JURISDICTION

Is the highest court in all constitutional matters, and its decisions on those matters binds all
other courts. Other courts have the power to hear constitutional matters but such order has no
force unless it is confirmed by the constitutional court (s175). Only the Constitutional court
has the jurisdiction

i.advise on the constitutionality of any proposed legislation, but may only where the legislation
concerned has been referred to it

ii. hear and determine disputes relating to election to the office of President;

iii.hear and determine disputes relating to whether or not a person is qualified to hold the office
of the Vice-President ;or

iv.determine whether Parliament or President has failed to fulfill a constitutional obligation

see section 167