THE ZIMBABWE COURT STRUCTURE
1.THE VILLIAGE COURT
Also known as the ‘The people’s domestic courts’ and may be equated to the Old Chief’s or Headman’s court
Their basic function is to arbitrate in disputes arising in their immediate ward or community.
All decisions of the village court are subject to automatic review by the community court
2.THE COMMUNITY COURT
There are formal courts of record
The procedure followed in court is of a formal nature, similar to that in the high court or the magistrate’s court and it is obligatory that the proceedings are recorded.
As of the village court, the community court also applies customary law
In some instances the otherwise formal nature of the hearings is modified by the provision e.g cross-examining the defendant which is completely not permissible in High court.
There is more lively debate as compared to the rigidly formal approach.
The only crimes that may be brought for trial before it are theft,assault.
3.THE MAGISTRATE COURT
It derives its existence from an act of Parliament, and all its powers and duties are determined by that enactment
The act in question here is the Magistrates court Act Chapter 18
There are magistrates’ court presided over by resident magistrates in all the major centres of the country and in many minor centres as well
Magistrates are civil servants and initially are usually appointed from the clerical section of the department of magistrates’ courts
Magistrates may try any crime except murder or any case requiring the imposition of the death penalty
A magistrate may also preside over a preparatory examination. a preparatory examination is not a trial but an inquiry
Rules governing the preparatory examinations are contained in the Criminal Procedure and Evidence act Chapter 59
It may be noted that the magistrate’s duties do not begin and end in the court. He spends many hours researching the law and considering the facts that apply to the case before him
Furthermore he is responsible for various administrative functions such as considering applications for adoption and adjudicating upon applications for maintain ace brought under the maintainace Act chapter 35
The magistrate is also the visiting justice to the prisons, ensuring that the food accommodation and other facilities available to the prisoners are satisfied and investigating and acting upon any complains received
4.THE HIGH COURT
In both civil and criminal cases the high court may hear any matter recognised by law
In criminal matters the high court may pass any sentence permitted by law, it alone may impose the death penalty
Its powers of punishment are unrestricted in regard to the amount of fine or the term of imprisonment that may be imposed.
The only exception to this is in relation to certain statutes which prescribes the maximum penalty that may be passed for contraventions of its provisions.
The high court has the power to review and alter the decisions on lower courts
Any appeal as to conviction must go to the supreme court
5. THE SUPREME COURT
Normally sits Harare, but on occasion has a session in Bulawayo and the judges of these courts sit periodically at Gweru, Mutare and Masvingo.
The supreme court has jurisdiction to hear appeals from all lower courts including High court and any other courts.
It has the power to confirm, set aside or vary the judgement or order appealed against