MIDLANDS STATE UNIVERSITY

FACULTY OF SOCIAL SCIENCES

DEPARTMENT OF HUMAN RESOURCES MANAGEMENT

NAME: EDITH TSAMBATARE

REG NUMBER R192153V

MODE OF ENTRY: CONVENTIONAL

MODULE: BUSINESSLAW

LEVEL: 2.1

MODULE CODE: HRM 215

LECTURER: MR NDLOVU

QUESTION DISCUSS THE HIERACHY OF ZIMBABWE COURTS AN CLEARLY

SHOW THE JURISDICTION ON THE LABOUR COURT
In Zimbabwe, the constitution provides a fair trial for everyone involved in a legal case and
courts have been set up to provide people with justice.  There are many courts functioning in the
country at different levels. Each court has a different role to play and has a separate jurisdiction
from other courts.It is of paramount importance to note that Zimbabwe was under colonial rule
of British government but they later on regained their independence .The by then government
introduced a new court system which has a hierarchy that includes the following ranks , form the
lowest level of courts going up wards is the village court ,community court , magistrate court
,high court ,supreme court then lastly the constitutional court .According from the court system
of Zimbabwe these courts have different roles which they play regarding on which level the
court is .In the Roman Dutch Doctrine is where most of the Zimbabwean laws emanated from ,
the basis of the law .As the essay upfolds it is going to focus on the hierarchy of Zimbabwean
courts showing the jurisdiction of the labor court .

To commence with , the village court is the base of the Zimbabwean courts going up to the top .
This is were the headman handle petty issues which took place in the community.The court does
not have a criminal jurisdiction hence it is presided by a headmen.The resided must be in the
area of jurisdiction.The case of action is used and the court must keep names of parties involved ,
nature of the disputes involved and the judgement passed and also at this level legal
representation and deals are with minor issuies , therefore one can be in a position to deduce that
on this particular level it is to handle petty (small/minner ) issues in the village and resided can
choose the level of court hierarchy whether he or she wants to be passed judgment with ,thus
according to the base ,lowest level of the hierarchy of the Zimbabwean Courts.

Next inline is the community court going up from the buttom.It normally handles cases related to
different communities in one area of the district .It presided over bya judicial offer .At this level
of court there is limited criminal jurisdiction, it does not power to dissolve marriages rather it
normally deals with trails of theft ,assault, illegal vending , prostitution ,shoplifting to mention
but a few thus makes up a community court as per the Zimbabwean hierarchy of courts.The court
combine punishments to pay back the offended side by restorative community service
projects.The court has a role to play in as much as the law is concerned hence each having a
significant role to partake to .

To add on the hierarchy of courts in Zimbabwe we have the magistrate court following the line
as the third level moving up wards.It is both a court appeal and first instance and is presided over
by a magistrate .The regional magistrates have jurisdiction in civil and criminal cases excluding
cases like murder , death , cases to mention just a few.About 95% of these issues are handled and
given judgment less than5% are then passed on to the high court .Operations of this magistrate
court are regulated by the Magistrate court Act [chapter 7:10] , also a magistrate himself is
appointed in terms of section 7 of the Constitution Act [7:10] as read with section 5 (1)(c) of
judicial service Act chapter [7:18].In addition its jurisdiction power is limited thus also
differentiating it from the other above courts in the hierarchy of Zimbabwe courts.

Furthermore , going up the hierarchy of courts we have the High Court which falls under
Supreme Court .The court has both general and appellate division across the country .The High
Court consists of the Chief Justice, who is the head of the Judiciary, the Judge President who is
in charge of the High Court under the directions of the Chief Justice, and other judges that will
be appointed from time to time. The judges are appointed by the President, after receiving
recommendations from the Judicial Service Commission. There is a High Court Act (Chapter
7:06).Jurisdiction is not limited anyone can report any court which simply means that it deals
with all issues that can take place within Zimbabwe. Appeals of the High Court go to the
Supreme Court. A person wishing to appeal against the decision of the High Court has to give
notice of his intention to appeal or submit an application for leave to appeal. This must be
submitted to the registrar of the High Court within such a period, in such a manner and form as
may be presided in the rules of the court.In Zimbabwe the high court is based in Harare and
Bulawayo but periodically it can take place in Gweru ,Hwange, Masvingo and Mutare .This
court has power to give a death sentence also have the power to grant divorce ,Thus make up the
High Court of Zimbabwe .

In addition we have the supreme court as the second highest court of Zimbabwe followed by the
ConCourt beign on top. The Supreme Court is the superior court of the Zimbabwe, it is governed
by the Supreme Court Act (Chapter 7:13). The Supreme Court consists of the Chief Justice and
other judges not less than two, as the President may deem necessary. The Supreme Court is seen
to be duly constituted if it consists of not less than three judges of whom one shall be the Chief
Justice or a judge of the Supreme Court other than one who is in an acting capacity.The main
difference between the supreme court and the constitutional court (concourt) is the the
Constitutional Court bench sits nine (9) judges whereas in the case of the supreme court bench id
five (5) judges .The Supreme Court is basically an appellate body for the decision from the High
Court and Labor Court of the country . It has jurisdiction to hear any case brought from any court
or tribunal. Once it has given a decision, it is final, the court or tribunal of first instance is
obliged to enforce such judgement. The Supreme Court is not bound by its own decisions or by
those of its predecessors , thus makes up thee Supreme court .
The highest court in the court hierarchy of Zimbabwe is the Constitutional Court.This court is
headed by the Chief Justice of the court and holds the maximum power and jurisdiction in the
country of Zimbabwe .It has jurisdiction over over alleged violations of fundamental rights
which are guaranteed by and in the constitution of Zimbabwe .This court is established by the
section 166 of the constitution of Zimbabwe .The Constitutional court deals with issues which
include the allegded infringement of fundamental human rights of freedom enshrined in chapter
4 of the constitution and also cases concerning the election of President, hence thus makes this
court of paramount importance .

In a nutshell , one can deduce that each and every level of the court hierarchy has a specific
reason and role to play and each is important , therefore the hierarchy of Zimbabwe courts of
differs with the level in the hierarchy and each court has its limitations in exception of the
supreme court and the constitutional courts which holds unlimited power and its jurisdiction.
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