Zimbabwe
Constitutional Court Act, 2020
Chapter 7:22
- Commenced on 14 May 2021
- [This is the version of this document from 14 May 2021.]
Part I – Preliminary
1. Short title
This Act may be cited as the Constitutional Court Act [Chapter 7:22] (No. 5 of 2020).2. Definitions
In this Act—"Chief Justice" means the Chief Justice appointed in terms of section 180 of the Constitution;"Court" means the Constitutional Court established by section 166 of the Constitution;"Deputy Chief Justice" means the Deputy Chief Justice appointed in terms of section 180 of the Constitution;"Judge" means a judge of the Court;"legal practitioner" means a legal practitioner who is registered in terms of the Legal Practitioners Act [Chapter 27:07];"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;"Registrar" means the Registrar appointed in terms of section 16;"rules" means the rules of the Court made in terms of section 26.Part II – Composition and additional jurisdiction of Court
3. Nature of Court and seal
4. Composition of Court
5. Decisions of Court
6. Appeals from Supreme Court
An appeal from the Supreme Court to the Court shall not suspend the decision being appealed against unless the Court orders otherwise.7. Judge not to sit on matter he or she has previously decided
A Judge shall not sit at the hearing of any matter if he or she has previously—8. Scope and execution of process
9. Certified copies of court records admissible as evidence
Whenever a judgment, order or other record of the Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the Registrar under the seal of the Court shall be prima facie evidence of the authenticity of the signature of the Registrar concerned.10. Sittings and vacations
The Chief Justice shall, before the beginning of each year, cause to be published a calendar of the sittings of the Court for the ensuing year.11. Contempt of Court
Part III – General
12. Right of person to be present at hearing of his or her matter
13. Right of audience
Subject to any other law, in all proceedings before the Court the parties may appear with or be represented by a legal practitioner.14. Legal Aid
15. Proceedings in open court and in English
Except as otherwise provided in the Constitution or rules, all proceedings in the Court shall be carried on in open court and the pleadings and proceedings thereof shall be in the English language.16. Appointment of Registrar and officers of Court
17. Powers of Court in appeals and confirmations
18. Powers of Court in applications and referrals
Subject to any other enactment, the Court may, at the hearing of any application or referral—19. Review powers
20. Inherent powers of Court
The Court shall have inherent power to protect and regulate its own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of the Constitution.21. Statement of case or question of law arising in matters before Court
22. Procedure for invalidation of law
23. Conflict of constitutional and statutory remedies
The Court may decline to exercise its powers in relation to any claim for redress founded upon the contravention of the Constitution if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of the Constitution or under any other law.24. Correction, variation and rescission of judgments or orders
25. Regulatory powers to fix fees and allowances
The Minister may make regulations providing for the fees and allowances which shall be payable in respect of instruments, services or other matters received, issued, provided or otherwise dealt with by the Registrar or any other officer of the Court in the course of his or her duties.26. Rules of Court
27. Practice directions
The Chief Justice may issue practice directives on any matter in respect of which, in the opinion of the Chief Justice, it is necessary or desirable to make provision in order to ensure or facilitate the proper dispatch and conduct of the business of the Court.History of this document
14 May 2021 this version
Published in
None number None
Commences.