Judicial Service Act
- Commenced on 18 June 2010
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencementThis Act may be cited as the Judicial Service Act [Chapter 7:18].
2. InterpretationIn this Act-“approved service” means—(a)the Civil Service; or(b)a disciplined force; or(c)the service of Parliament; or(d)the service of a government, statutory body, local authority or institution approved by the Minister, after consultation with the Commission, for the purposes of this Act;“Commission” means the Judicial Service Commission established in terms of section 189 of the Constitution;“committee” means a committee established by the Commission in terms of section 4;“fixed date” means the date fixed in terms of section 1(2) as the date of commencement of this Act;“court” means any court established by law in Zimbabwe other than a customary court;“customary court” means a court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];“disciplined force” has the meaning given to that term in section 332 of the Constitution;“Judges Pension Scheme” means the scheme set out in the Judges Pension Scheme Notice, 2006 (published in Statutory Instrument 71 of 2006) or any other scheme that may be substituted for it;“Judicial Service” means the service constituted by the persons referred to in section 3;“member”, in relation to Judicial Service means a person employed in the Judicial Service, including a person employed under contract in terms of section 8;“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;“pension benefit” means any pension, commutation of a pension, gratuity or other similar allowance or benefit or any refund of pension contributions, including any interest payable thereon, for a person in respect of his or her service as a member of the Judicial Service or in respect of any ill-health or injury arising out of and in the course of his or her official duties as such a member or for a dependant or personal representative of such person in respect of such service, ill-health or injury or on the death of such person;“Public Service Pension Scheme” means the scheme set out in the Public Service (Pensions) Regulations, 1992 (published in Statutory Instrument 124 of 1992) or any other scheme that may be substituted for it;“recognised association or organisation” means an association or organisation declared to be a recognised association or recognised organisation, as the case may be, in terms of section 13;“Secretary” means the Secretary of the Commission referred to in section 10;“service regulations” means regulations made in terms of section 25 regulating conditions of service of members of the Judicial Service.[section amended by Act 3 of 2016]
Part II – Judicial Service Commission
3. Constitution of Judicial ServiceThe Judicial Service shall consist of the following members—
4. Establishment of committees
5. Functions of Judicial Service Commission
6. Delegation of functions
Part III – Administration of Judicial Service
7. Departments and classification of members of Judicial Service
8. Persons under contract
9. Probationary period
10. Appointment and functions of Secretary of Commission
11. Consultations re conditions of service of members of Judicial Service
12. Secondment and deployment of members of Judicial Service
13. Recognised associations and organisations
14. Prohibition from engaging in any work outside Judicial Service
Part IV – Discipline of members of Judicial Service
15. Investigation and adjudication of misconduct casesSubject to the Constitution, this Act or any other enactment, any case involving misconduct or suspected misconduct on the part of a member of the Judicial Service shall be investigated, adjudicated upon and, where appropriate, punished by the Commission.
16. Freedom of persons presiding over courts from arrest or search in court premisesNo arrest or search of the person presiding over a court, in pursuance of any proceedings shall—
17. Codes of conductService regulations may prescribe one or more Judicial Service employment codes of conduct providing for—
18. Code of ethicsService regulations may prescribe one or more Judicial Service codes of ethics providing for—
19. Appeals to Labour Court
Part V – Financial provisions
20. Funds of Judicial Service
21. Investment of moneys not immediately required by Judicial ServiceMoneys not immediately required by the Judicial Service may be invested in such manner as the Commission considers appropriate.
22. Accounts of Judicial Service
23. Audit of accounts
Part VI – General
24. Pension rights of members of Judicial Service
25. Service regulations
26. Act not to affect application of certain other lawsTo the extent that the appointment, conditions of service, termination of service or pension benefits of a member of the Judicial Service is or are provided for by or under the Constitution or any other enactment, this Act shall not apply to or in respect of that member.
27. Amendment of ActsThe Act specified in each Part of the Schedule is amended to the extent set out in that Part.
28. Transitional provisions
History of this document
18 June 2010