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8.20 Acting judicial appointments
(1) If the office of Chief Justice is vacant or if the office-holder is unable to perform the
functions of the office, the Deputy Chief Justice acts in his or her place, but if both offices are
vacant or both office-holders are unable to perform their functions, the next-most senior judge
of the Constitutional Court acts as Chief Justice.
(2) If the office of—
(a) Judge President of the High Court;
(b) Judge President of the Labour Court; or
(c) Judge President of the Administrative Court;
is vacant or if the office-holder is unable to perform the functions of that office, the next-most
senior judge of the court concerned acts as Judge President.
(4) If the services of an additional judge of the High Court, the Labour Court or the
Administrative Court are required for a limited period the President, acting on the advice of the
Judicial Service Commission, may appoint a former judge to act in that office for not more than
twelve months, which period may be renewed for one further period of twelve months.
(5) A person appointed to act under subsection (4) may continue to sit as a judge after his or
her appointment has expired, for the purpose of dealing with any proceedings commenced
before him or her while he or she was so acting.
8.21 Appointment of magistrates and other members of judiciary
An Act of Parliament must provide for the appointment of magistrates and other judicial
officers other than judges, but—
(a) magistrates must be appointed by the Judicial Service Commission;
(b) judicial officers other than magistrates or judges must be appointed with the approval
of the Judicial Service Commission;
(c) all such appointments must be made transparently and without fear, favour prejudice
or bias.
8.22 Judicial officers not to be appointed to more than one court
Except as otherwise provided in this Constitution, a person must not be appointed as a
judicial officer of more than one court.
8.23 Judicial appointments to reflect society
Appointments to the judiciary must reflect broadly the diversity and gender composition of
Zimbabwe.
8.24 Oath of office
(1) Before the Chief Justice or Deputy Chief Justice assumes office, he or she must take,
before the President or a person authorised by the President, the judicial oath in the form set out
in the Third Schedule.
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