High Court of Zimbabwe
The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court go to the Supreme Court. The head of the High court is the Judge President and the current Judge President of the High Court of Zimbabwe is Justice George Chiweshe
The operations of the High Court are governed by the Constitution and the High Court Act [Chapter 7:06].
Jurisdiction
The High Court is a court of first instance, possessed of inherent and unlimited criminal and civil jurisdiction, over all persons and over all matters in Zimbabwe.
Criminal Jurisdiction
The High Court has jurisdiction over all persons and over all criminal offences recognised by law. Its unlimited criminal jurisdiction empowers it to pass any punishment permitted by law, including the death penalty.
Civil Jurisdiction
It is the only court, which enjoys inherent jurisdiction meaning that unless prohibited by some law from exercising jurisdiction, it is deemed to have jurisdiction. It may deal with any nature of claim and there are no monetary limits to claims that may be instituted. All civil appeals emanating from the Magistrates Court lie with the High Court. It also has review powers over proceedings of all tribunals subordinate to it.
Composition
It consists of the Chief Justice, the Judge President and such other Judges of the High Court as may be appointed from time to time.
Criminal Cases
In criminal trials, the High Court consists of one Judge and two assessors. Assessors assist in deciding issues of fact only and have an equal say as the judge in that regard.
However, when the High Court is hearing appeals, at least 2 Judges are required and no assessors are required. Where an even number of judges sit on appeal and the opinion is equally divided, the decision is suspended until the opinion of a third Judge is obtained. The decision of the majority becomes the decision of the court.
Civil Cases
In civil cases, the judge sits alone. A Judge, however, may appoint an assessor or assessors to assist him/her in a civil case. The role of the assessor(s) in this case is only to advise. They are not entitled to vote in the decision of the court.
Seats/Locations
The High Court has permanent seats in Harare, Bulawayo and at Masvingo. It, however, also sits three times in a year as a circuit court at Gweru, Mutare and Hwange.
Appointment Process
The Judicial Services Commission, in terms of Section 180 of the Constitution, is mandated to advertise any vacancies arising on the Supreme Court and to invite the President and members of the public to nominate suitable candidates. After nominations, the JSC conducts public interviews for the prospective judges. During the interviews, the JSC deliberates on the performance of the interviewees and later sends its recommendations to the President.
After the interviews, deliberations are done in private and a lot of issues are considered in arriving at a list of successful candidates. Deliberations on the suitable nominees will take into account the performance at the interview, any comments from the Law Society of Zimbabwe, any other relevant organizations and or the public as well as the information supplied by the nominees in a detailed questionnaire. Deliberations on the final list of suitable nominees also takes into account the diverse and gender composition of Zimbabwe.
For each vacancy, the Commission submits three names of successful candidates and the President will make a final appointment. However, if the President is not satisfied with the first three candidates, he can ask the JSC to submit a new list of candidates. At that point, the President will have no choice but to select one of the candidates. JSC chairperson, the Chief Justice or his deputy chairs the public interviews.[1].
Buildings
HARARE
Mapondera Building
Corner 3rd Street and Samora Machel Avenue
Harare
Zimbabwe
Box: 870 Causeway, Harare, Zimbabwe
Tel: +263 4 250 805/ +263 4 250 765
BULAWAYO
Cnr 8th Avenue and Herbert Chitepo Street
Bulawayo
Zimbabwe
Tel: +263 9 888 096 / +263 9 61605
Judges of the High Court of Zimbabwe
These judges were appointed by former President Robert Mugabe and held offices until December 2017, when President Manganagwa appointed new Judges.
- Justice George Chiweshe
Appointed Judge of the High Court in 2001
Appointed Judge President in 2010
- Justice Lawrence Ndlovu Kamocha
Appointed Judge of the High Court in 1997
Appointed President of the Administrative Court in 1997
- Justice Charles K. Hungwe
Appointed Judge of the High Court in 2000
- Justice Alphas Chitakunye
Appointed Judge of the High Court in 2003
- Justice Francis Bere
Appointed President of the Administrative Court in 2000.
Appointed Judge of the High Court in 2004
Appointed Senior Judge High Court Bulawayo in 2015
- Justice Samuel Kudya
Appointed Judge of the High Court in 2004
- Justice Feliciah Chatakuta
Appointed Judge of the High Court in 2005
- Justice Joseph Musakwa
Appointed Judge of the High Court in 2005
- Justice November T Mtshiya
Appointed Judge of the High Court in 2007
Appointed Senior President of the Labour Court in 2003
- Justice Nicholas Mathonsi
Appointed Judge of the High Court in 2010
- Justice Garainesu Mawadze
Appointed Judge of the High Court in 2010
- Justice Martin Makonese
Appointed Judge of the High Court in 2011
- Justice Hlekani Mwayera
Appointed Judge of the High Court in 2011
- Justice Mary Zimba-Dube
Appointed Judge of the High Court in 2011
- Justice Happias Zhou
Appointed Judge of the High Court in 2012
- Justice Joseph Martin Mafusire
Appointed Judge of the High Court in 2012
- Justice David Mangota
Appointed Judge of the High Court in 2012
- Justice Maxwell Takuva
Appointed Judge of the High Court in 2012
- Justice Priscilla Chigumba
Appointed Judge of the High Court in 2012
- Justice Loice Matanda Moyo
Appointed Judge of the High Court in 2013
- Justice Erica Ndewere
Appointed Judge of the High Court in 2013
- Justice Amy Tsanga
Appointed Judge of the High Court in 2013
- Justice Owen Tagu
Appointed Judge of the High Court in 2013
- Justice Nokuthula Moyo
Appointed Judge of the High Court in 2013
- Justice Esther Muremba
Appointed Judge of the High Court in 2013
- Justice Davison Moses Foroma
Appointed Judge of the High Court in 2015
- Justice Jester Helena Charewa
Appointed Judge of the High Court in 2015
- Justice Tawanda Chitapi
Appointed Judge of the High Court in 2015
- Justice Edith Kuda Mushore
Appointed Judge of the High Court in 2015
- Justice Clement Phiri
Appointed Judge of the High Court in 2015
Appointed Judge of the High Court in 2015
Judges Appointment December 2017
- Justice Philda Muzofa
Appointed Judge of High Court on 14 December 2017
- Justice Slyvia Chirawu
Appointed Judge of High Court on 14 December 2017
- Justice Pisirayi Kwenda
Appointed Judge of High Court on 14 December 2017
- Justice Neville Wamambo
Appointed Judge of High Court on 14 December 2017
- Justice Thompson Mabhikwa
Appointed Judge of High Court on 14 December 2017
- Justice Benjamin Chikowero
Appointed Judge of High Court on 14 December 2017
- Justice Jacob Manzunzu
Appointed Judge of High Court on 14 December 2017
Justice Isaac Muzenda Appointed Judge of High Court on 14 December 2017 [2]
References
- ↑ Citizens to influence judges appointments, Published: October 28, 2016 , Retrieved: December 12 2016
- ↑ President appoints 8 New Judges, , Published: 14 December 2017, Retrieved: 25 January 2018
