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(5)
The Supreme Court of Zimbabwe, the High Court of Zimbabwe, the Labour Court and the
Administrative Court, as established immediately before the effective date, are constituted
respectively as the Supreme Court, the High Court, the Labour Court and the Administrative Court
under this Constitution, and any decision of those courts given before the effective date has effect
accordingly.
(6)
Every person who, immediately before the effective date, presided over the Labour Court or the
Administrative Court becomes a judge of the Labour Court or the Administrative Court, as the case
may be, on the same conditions of service as apply on that date to judges of the High Court, his or her
length of service as a President of the Labour Court or the Administrative Court being deemed to be
service as a judge of the High Court.
(7)
The magistrates courts, traditional courts and any other courts that were established by an Act of
Parliament before the effective date continue in existence on and after that day as if they had been
established by an Act referred to in section 174, and the decisions of those courts given before the
effective date have effect accordingly.
(8)
Any pending constitutional case-(a) in which the argument from the parties has not been heard before the effective date must be
transferred to the Constitutional Court constituted in terms of subparagraph (2);
(b) in which the argument from the parties has been heard by the effective date must be completed
by the Supreme Court unless all the parties to the case agree to it being referred to the
Constitutional Court constituted in terms of subparagraph (2), in which event the Supreme Court
must refer the case to that Court.
(9)
All cases, other than pending constitutional cases, that were pending before any court before the
effective date may be continued before that court or the equivalent court established by this
Constitution, as the case may be, as if this Constitution had been in force when the cases were
commenced, but-(a) the procedure to be followed in those cases must be the procedure that was applicable to them
immediately before the effective date; and
(b) the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any
provision of Chapter 4 of this Constitution.
(10)
For the purposes of subparagraph (9)-(a) a criminal case is deemed to have commenced when the accused person pleaded to the charge;
(b) a civil case is deemed to have commenced when the summons was issued or the application was
filed, as the case may be.
Zimbabwe 2013
Page 165
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