Amendments to the act were applied to rehoboth insofar as they related to matters which fell under the legislative authority of rehoboth by the magistrates courts amendment act 5 of 1982 rehoboth official gazette 79 of rehoboth, dated 7 october 1983. Magistrates courts act uganda legal information institute. Act chapter action or application address for service affidavit amended amount appearance to defend application for summary arrest attachment charges civil imprisonment claim in reconvention clerk of court costs court house. This act may be cited as the magistrates court act chapter 7.
Criminal jurisdiction of resident magistrates court. It consists of a the chief justice, the deputy chief justice and the judge president of the high court and b such other judges of the high court as may be appointed from time to time. By daniel nemukuyu newlygazetted magistrates civil courts rules, which came into effect on february 1, now allow serving of court documents through electronic means in a move that embraces information communication technology. Final papers from the 2017 national symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf. The regional magistrates have jurisdiction in civil and criminal cases.
Originating application that may be commenced in lagos state. The more serious offences are passed on to the crown court, either for sentencing after the defendant has been found guilty in a magistrates court, or for full trial with a judge and jury. Countryterritory zimbabwe document type legislation date 1898 2003 source fao, faolex long title an act to consolidate and amend the law relating to courts of magistrates, and to provide for the examination, by interrogatories, of persons resident in zimbabwe, whose evidence is required in civil cases pending in any magistrates court in any neighbouring state. Evaluation of the legal aid scheme in terms of the act contingency fee arrangements. Part i preliminary 1 short title and interpretation i this act may be cited as the judicial. Signed by the officer administering the government in. Statutory instrument 11 of 2019 simplifies the rules of the court in wide reforms that will promote access to, and the dispensation of. Leone south africa seychelles swaziland tanzania uganda zambia zimbabwe. Top ugandan high court judge conducts anticorruption training to judicial officers. These rules may be cited as the magistrates court civil rules. Magistrates courts act 32 of 1944 south african government. Magistrates courts act 32 of 1944 legal assistance centre.
Part i of the act sets out provisions in relation to the courts criminal jurisdiction, and part ii in relation to civil proceedings. The forms are provided in both microsoft word and adobe pdf version where possible. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to recommendations of the law commission. The existence of magistrate courts is envisaged by s174 a of the constitution. They stopped doing so when the magistrates courts act 1980 and the. Written notice to secure attendance of accused in magistrates court. Its operations are regulated by the magistrates court act chapter 7. In zimbabwe the magistrates court is the only general court that has civil, customary and criminal jurisdiction that is situated in every province. Signed by the officer administering the government in afrikaans. Rescission of judgments by consent a critical analysis. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. The act establishes a small claims court for the adjudication of small civil claims.
New rules for magistrates courts the herald february 5, 2019 daniel nemukuyu senior court reporter newlygazetted magistrates civil courts rules, which came into effect on february 1, now allow serving of court documents through electronic means in a move that embraces information communication technology. Magistrates court, legal resources foundation zimbabwe. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in the gazette, appoint, 2. Sections 9 and 12 amended by judicial matters amendment act 8 of 2017.
Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. High court may try case wherever offence committed. Separate african courts were set before independence of the country to handle cases with traditional and customary law related. Chapter 11magistrates courts act principal legislation arrangement of sections section title part ipreliminary provisions 1. A federal magistrate was an office created on 23 december 1999 along with the establishment of the federal magistrates court by the australian government as a result of royal assent of the federal magistrates act 1999 cth. An act to consolidate and amend the law relating to courts of magistrates, and to provide for the examination, by interrogatories, of persons resident in zimbabwe, whose evidence is required in civil cases pending in any magistrates court in any. Costs in cases which could have been brought in magistrates court. Sections 9 and 12 amended by judicial matters amendment act. Magistrates courts act 32 of 1944 signed by the officer administering the government in afrikaans as amended by magistrates courts amendment act 40 of 1952 magistrates courts amendment act 14 of 1954 general law amendment act 62 of 1955 general law amendment act 50 of 1956 general law amendment act 68 of 1957 criminal law amendment act 16. Daniel nemukuyu senior court reporter newlygazetted magistrates civil courts rules, which came into effect on february 1, now allow serving of court documents through electronic means in a move that embraces information communication technology. High court the high court is a superior court of record established in terms of section 170 of the constitution of zimbabwe, 20. Reporting a court case arising from false social media report casenote on mushunje v zimbabwe newspapers. Magistrates act 3 of 2003 gg 2996 part ii brought into force on 20 june 2003. Magistrates courts amendment act 8 of 1967 general law amendment act 70 of 1968 establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969 general law amendment act 101 of 1969 general law amendment act 17 of 1970 magistrates courts amendment act 53 of 1970.
An act to consolidate and amend the law relating to courts of magistrates, and to provide for the examination, by interrogatories, of persons resident in zimbabwe, whose evidence is required in civil cases pending in any magistrates court in any neighbouring state. It is arguable that every cent counts and as such this is a court which all zimbabweans should make use of. Guide to the magistrates courts amendment rules 2019 pdf. Zimbabwe today is an independent online newspaper that showcases all the news from zimbabwe by zimbabweans for zimbabweans across the world. It is the lowest court in zimbabwe which has both civil and criminal jurisdiction. Virtually all criminal court cases start in a magistrates court, and around 95% will be completed there. Other procedure rules for magistrates courts and the crown court. Magistrates courts m1 3 issue 1 chapter 10 magistrates courts act arrangement of sections part i preliminary section 1. An act to repeal and reenact, with certain modifications, the magistrates courts, act 1963 part i preliminary.
Sierra leone south africa seychelles swaziland tanzania uganda zambia zimbabwe. However, formatting rules can vary widely between applications and fields of interest or study. The constitution of zimbabwe guarantees, amongst other things, the right of every person. Criminal procedure and evidence amendment act, 2006 act 92006 3 iv nothing in this section shall be construed as affecting the power of a judge to sentence a person whose case has been transferred to that court on the direction of the attorneygeneral in terms of section 225. An act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Act, the court hearing the proceedings under the property rights of spouses act may make a maintenance order in accordance with. A magistrate is appointed in terms of section 7 of the magistrates court act chapter 7. It is hereby notified that the minister of justice and constitutional affairs has, in terms of section 73 of the magistrates court act chapter 7. Every district in the country has a regional magistrate district court which comes at the 4 th level of hierarchy in the zimbabwe court hierarchy. Enacted by the president and the parliament of zimbabwe. Magistrates court provides the required access to justice to these self actors has not been. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered.
Enacted by the parliament and the president of zimbabwe. In the spirit of building a new zimbabwe, we promote and support free speech, hence all the news you will read at zimbabwe today is uncensored, unbiased and uncontrolled. The correct procedure had been followed in the magistrates court. Part vi justices of the peace, and additional powers of primary court magistrates ss 5162 a appointment and powers of. Term of office of members of commission and filling of vacancies 7. Nothing in this part of this act shall be construed as derogating from the provisions of any other law relating to the transfer of proceedings. It is the only formal court that is geographically accessible to self actors. Section 9 amended by judicial matters amendment act 24 of 2015. Aug 23, 2010 communications and transactions act, 2002 and this also applies to sign, signing and signed. In this act magistrate means any magistrate appointed in terms of the magistrates court act. Qualification for designation and appointment as member of commission section 5a inserted by act 2 of 2014 6. Magistrates court judicial service commission of zimbabwe.
In this act, unless the context requires otherwise. Zimbabwe without the leave of the court or a magistrate. An act to consolidate and amend the law relating to courts of magistrates. Justice lawrence gidudu, who has been the head of ugandas anticorruption court for the past five years, was in the country conducting a weeklong training which was attended by judges, magistrates, prosecutors, anticorruption investigators and police officers, among other stakeholders. An act to amend and consolidate the law relating to the establishment, constitution and jurisdiction of, and the practice and procedure before, magistrates courts and to make provision for other matters connected therewith or incidental thereto. Brief overview of the magistrates courts act, 2015 no. Power of high court to withdraw and transfer cases. New rules for magistrates courts zimbabwe situation. It codifies the procedures applicable in the magistrates courts of england and wales and largely replaces the magistrates courts act 1952. Rescission of judgments by consent a critical analysis t bekker 1 introduction at common law it is a general rule that a south african court becomes functus officio after pronouncing a final judgment and that a court has no authority to set aside, alter, correct or supplement the judgment in. Hons part 3 2010 syllabus the procedure of the high court and supreme courts of zimbabwe contained in. Act chapter action or application address for service affidavit amended amount appearance to defend application for summary arrest attachment charges civil imprisonment claim in reconvention clerk of court costs court house day of 20 debt default judgment deliver delivery documents dollars effected enter an appearance evidence exception or.
Small claims court 6 the legal profession in zimbabwe introduction. However, only a regional court can try rape cases, unless the attorneygeneral remits the case for trial to a magistrates court other than a regional court or it is a summary trial in respect of a person under 18 and the attorneygeneral has authorised the trial. Power to transfer suits which may be instituted in more than one court. These rules shall unless the chief justice earlier by notice in the gazette specifies an earlier or later date of commencement come into operation on the 1st february, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending on the date of commencement. Zimbabwe criminal defense manual jurisdiction of courts. Criminal jurisdiction according to section 49 of the magistrates court act chapter 7. Apr 09, 2012 1 advanced civil procedure superior courts ll. The following provides access to magistrates court criminal forms. Application of the act the provisions of this act shall not extend to informal proceedings of an arbitral nature before a body not established or recognized as a customary court under this act constituted under customary law, where such body does not purport to exercise any power to enforce its decisions or compel attendance before it. Magistrates courts act table of contents rules of court. Magistrates courts composition jurisdiction the high court composition jurisdiction. Zimbabwe and for the making of rules and regulations in connection therewith. Provided that when there is more than one magistrates court in the same division, the chief justice may direct the distribution of business between such courts.
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