R.H.F. Austin, Chairman, Department of Law, University of Zimbabwe, and the African customary law was thus deemed advisable until the indigenous. R.H.F. Austin, Chairman, Department of Law, University of Zimbabwe, and the African customary law was thus deemed advisable until the indigenous. Jump to Customary Law - Customary Law. The customary law of Zimbabwe is generally unwritten. The Customary Law of Zimbabwe is limited in scope in its application. It does not cover criminal law by virtue of section of the Constitution, and it governs some areas of Marriage, Inheritance and Guardianship only.Historical Overview · Sources of Zimbabwean Law · Constitution of Zimbabwe.
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As indicated the body is now more representative and in its operation, it is expected to be fair, just, and transparent. It is customary law in zimbabwe in the administration of the judicial service sector. The reforms brought by the Constitution were long overdue and it is hoped that the Commission will fulfil its functions in a way that promotes independence of the judiciary and restores faith in the whole legal system.
The judge may be appointed as judges of the Supreme Court or the High Court, at their customary law in zimbabwe, if they are still eligible for such appointment.
In terms of s 6the office of a judge must not be abolished during his or her tenure of office. During their tenure, judges are entitled to the salaries, allowances and other benefits fixed from time to time customary law in zimbabwe the Judicial Service Commission with the approval of the President given after the consultation with the Minister responsible for justice customary law in zimbabwe on the recommendation of the Minister responsible for finance.
These emoluments are paid from the Consolidated Revenue Fund and cannot be reduced whilst they are in office or acting in the office concerned. Other conditions of services, including transfers and dismissal are provided for in the Judicial Services Act [Chapter 7: Removal of Judge from Office Section of the Constitution provides for the circumstances in which a judge may be customary law in zimbabwe from office.
Subsection 1 provides that a judge may be removed from office only for i inability to perform the functions of his or her office, due to mental or physical incapacity; ii customary law in zimbabwe incompetence; or iii gross misconduct and shall only be removed in accordance with the provisions of s The procedure of removing a judge is outlined in subsection 2 through to subsection 9 of the Constitution.
In plain language, if the President considers that the question of removing the Chief Justice or any judge or the Judicial Services Commission has advised as such, then a tribunal of inquiry has to be established for that purpose.
The Tribunal will be composed of three members appointed by the President, of whom a at least one must be a person who has either served as customary law in zimbabwe judge of the Supreme Court or High Court in Zimbabwe; or holds or has held office as a judge of a court with unlimited jurisdiction in civil or criminal matters in customary law in zimbabwe country whose common law is Roman-Dutch or English, and English is officially recognised; b at least one must be chosen from a list of three or more legal practitioners of seven years' standing or more, who have been nominated by the Law Society of Zimbabwe.
One of the members has to be designated as the Chairperson. The constituted Tribunal has to inquire into the question of removing the concerned judge from office and report its findings to the President and recommend whether the judge should be removed or not.
The President is obliged customary law in zimbabwe act in accordance with the recommendations of the Tribunal. Important features emerge from this section.
The second is the aspect that the Constitution has a lacuna in subsection 4 in that's the Constitution does not provide for a third person who will constitute the Tribunal. The first two members are clearly stated whereas the customary law in zimbabwe member is "forgotten".
Customary Marriages Act - Zimbabwe
Secondly, the Tribunal reports directly to the President, not the Judicial Service Commission, even if the Commission had advised on the question of removal of a judge. Lastly, the recommendations of the Tribunal are binding on the President.
To date, there has customary law in zimbabwe been any Tribunal set under the provisions of the new Constitution, hence, it is too early to judge on its efficiency.
- UPDATE: The Law in Zimbabwe - GlobaLex
- Customary Marriages Act - Zimbabwe
- Customary Marriages Act - Zimbabwe
It will be interesting to see how the lacuna will be customary law in zimbabwe with. The Constitutional Court This Court is established in terms of s 1 of the Constitution as a superior court of record. If the services of an acting judge are required, the Chief Justice may appoint a judge or former judge to act for that customary law in zimbabwe.
Cases for arising from the Bill of Rights and concerning elections of the President or Vice -President are heard by a full bench whilst other are heard by three judges. However, in terms of s18 of the 6th Schedule, for a period of seven years from the effective date of the Constitution, the Constitutional Court shall be constituted by the Chief Justice and Deputy Chief Justice and seven other judges from the Supreme Court.