With regard to international conventions, treaties and agreements, Article 326(2) of the Constitution provides that an international treaty concluded or executed by or under the authority of the President: (a) shall not bind Zimbabwe until it has been approved by Parliament; and (b) does not form part of Zimbabwean law, unless it is incorporated into law by an Act of Parliament. in addition, an agreement that is not an international treaty but (a) has been concluded or implemented by or under the authority of the President with one or more foreign organizations or agencies; and (b) imposes fiscal obligations on Zimbabwe; Zimbabwe is bound only after it has been approved by Parliament. However, an Act of Parliament may be passed to take the opposite position, and Parliament may declare by resolution that an international treaty or class of international treaties does not require Parliament`s consent. This decision shall not apply to contracts the application or operation of which: (a) requires the withdrawal or use of resources from the Consolidated Revenue Fund; or (b) amendment of Zimbabwe`s national legislation. Like everywhere in the world, Zimbabwe has its own laws governing what locals and travelers can and cannot do. Some of them may surprise you, so it`s important to be aware of them, otherwise you could get into trouble. Article 180 provides for the appointment of all judges. It introduces a new appointment procedure under which the JSC must: (a) issue a vacancy announcement and publish applications; (b) Invite nominations from the President and the public; (c) conducting public interviews with potential candidates; (d) establish a list of three qualified persons as candidates for a position; and (e) submit the list to the President for appointment. If the President is of the opinion that none of the persons on the list submitted to him is suitable for appointment, he or she must invite the JSC to submit a new list of three qualified persons, after which he or she must appoint one of the candidates for the post in question. Appointments must be gender-sensitive. The Lancaster House Constitution of 1979 remains today, twenty-six years after independence, the supreme law of Zimbabwe and itself the supreme law of many colonial laws. It is therefore clear that the laws of Zimbabwe are the prehistoric remnants of the colonial era.
The existence of Magistrates` Courts is provided for in section 174 (a) of the Constitution. It is the lowest court in Zimbabwe with civil and criminal jurisdiction. It is presided over by a judge. Magistrates are divided into four classes, namely ordinary magistrates, chief magistrates, provincial magistrates and regional magistrates. [48] Any of the four persons listed may preside over this tribunal. One qualifies as a magistrate by obtaining a law degree from some universities in Zimbabwe or a diploma from the Zimbabwe Judicial College. Judges are appointed by the Judicial Service Commission. Chidyausiku CJ was appointed Chief Justice in front of many other high-ranking judges and was the first appointment to this position made directly by the High Court. It was also reported that Chidyausiku CJ is a beneficiary of the state`s commercial farm allocation program. In a report prepared from various sources, including lists published by the Ministry of Agriculture and Agriculture in February and June 2002, Chidyausiku CJ is listed as the owner of 895 hectares known as “Estates Farms” in Mazoe. The jurisdiction of the Administrative Court includes initial jurisdiction over land acquisition cases under the Land Acquisition Act as well as appellate jurisdiction in cases related to various publication laws such as the Freedom of Information and Protection of Privacy Act.
Zimbabwe. 2021. Website. www.loc.gov/item/guide-to-law-online/zimbabwe/. Article 187 of the Constitution regulates the circumstances in which a judge may be removed from office. Paragraph 1 provides that a judge may be removed from office only on the following grounds: (i) inability to perform his or her duties by reason of mental or physical incapacity; (ii) gross incompetence; or (iii) serious misconduct and may be revoked only in accordance with the provisions of Article 187. The procedure for the removal of a judge is described in paragraphs 2 to 9 of the Constitution. Clearly, if the President considers that the question of the dismissal of the Chief Justice, a judge or the Judicial Services Commission as such has been recommended, an investigating court must be established for this purpose. The Court shall consist of three members appointed by the President, (a) at least one of whom shall be a former judge of the Supreme Court or the Supreme Court of Zimbabwe; or detains or has exercised a judge in a court of unlimited jurisdiction in civil or criminal matters in a country whose common law is Romano-Dutch or English and English is officially recognized; (b) at least one shall be selected from a list of three legal practitioners of at least seven years of age nominated by the Law Society of Zimbabwe. One of the members must be appointed chair. The constituted court shall consider the question of the impeachment of the judge concerned, report to the President on its findings and recommend whether or not the judge should be removed.
The President shall act in accordance with the recommendations of the Court of Justice. The Administrative Court is a multi-purpose specialized court that deals with a number of issues assigned to it by various legal acts. It is established in accordance with the Administrative Courts Act (Cap. 7:01) and consists of a President of the Courts (who is either a former judge of the Supreme Court or Supreme Court, a person eligible for appointment as such, or a person who has been a judge for at least seven years) and assessors. It simply means that Zimbabwe is not bound by the International unless the law is incorporated by Parliament into Zimbabwe`s local statutes. The mere signature of a treaty or convention is not sufficient to give binding effect to that agreement or treaty in Zimbabwe. This is the current dilemma in Zimbabwe. The government refuses to be bound by international laws, protocols, conventions or treaties because they are not part of our laws. This has led to headaches and difficulties for lawyers trying to plead their case on the basis of international treaties and conventions or protocols, although Zimbabwe may be a party to and signatory to these treaties and signatories. It is easy for the judiciary to close such cases on the basis of section 111B. Since, subject to the provisions of this Constitution, persons in Zimbabwe enjoy the fundamental rights and freedoms of the persons referred to in this Chapter and it is the duty of everyone to respect and respect the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall apply for the purpose of protecting those rights and freedoms, Subject to limitations to such protection: the restrictions contained herein to ensure that the exercise by an individual of these rights and freedoms does not adversely affect the public interest or the rights and freedoms of others. The application of international law in Zimbabwe is governed by Articles 326 and 327 of the Constitution.
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