(5) Any person who has been fined in terms of subsection (4) may appeal against the fine in accordance with section twenty-three or twenty-four, as the case may be, as if it were the decision of the local court concerned in a civil case. 20 Procedure in local courts (1) Subject to this Act, the procedure and law of evidence in local courts shall be regulated by customary law and not by the general law of Zimbabwe, and the proceedings in such courts shall be conducted in as simple and informal a manner as is reasonably possible and as, in the opinion of the person presiding over the court, seems best fitted to do substantial justice. (2) A legal practitioner shall not be entitled to appear in a local court on behalf of a party in any case before such court. (3) Subject to the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04], all cases in a local court shall be heard in open court. 21 Contempt of local courts (1) If any person wilfully insults a local court or any member thereof during any sitting of the local court or wilfully interrupts the proceedings of the local court or otherwise wilfully disturbs the peace or order of such proceedings the person presiding over the court may order that person to be removed and detained in custody as if he were a prisoner awaiting trial until the rising of the local court, and such person shall be liable, in addition to such removal and detention, to be sentenced summarily by the person presiding over the court to a fine not exceeding level one. (2) Any person who has been sentenced to a fine in terms of subsection (1) may appeal against the fine in accordance with section twenty-three or twenty-four as the case may be, as if the sentence were the decision of the local court concerned in a civil case. 22 Transfer of cases between local courts (1) In any case before a local court, the person presiding over the court may— (a) if it appears to him that the case is not one to be determined according to customary law or that his court does not otherwise have jurisdiction to try the case; or (b) for other good cause; at any stage before judgment, stop the proceedings and refer the case to a magistrate for directions as to the transfer of the case to another court. (2) A magistrate to whom a case has been referred in terms of subsection (1) may— (a) annul the proceedings and transfer the case to be heard, de novo, by another local court or by a magistrates court of competent jurisdiction; or (b) direct that the case should be continued in the court which referred the matter to him. PART VI APPEALS AND REVIEWS 23 Appeals from primary courts (1) Any person who is dissatisfied with any decision of a primary court may, in the time and manner prescribed, appeal against such decision to the community court within whose area of jurisdiction the primary court is situated. (2) Upon an appeal being made in terms of subsection (1) the community court shall rehear the case and shall give such decision, order or direction as it thinks fit. 24 Appeals from community courts (1) Any person who is dissatisfied with any decision of a community court may, in the time and manner prescribed, appeal against such decision to a magistrate for the province within which the community court is situated. (2) Upon an appeal being made in terms of subsection (1), the magistrate shall rehear the case and shall give such decision, order or direction as he thinks fit. (3) For the hearing of an appeal in any civil case, a magistrate may summon to his assistance two or more assessors chosen by him from a list of persons prepared by the Secretary with the approval of the Minister. (4) Any assessor summoned in terms of subsection (3) shall act in an advisory capacity only and shall not be entitled to a vote in the decision of the court. (5) An assessor summoned in terms of subsection (3) may be paid such allowances as may be prescribed from moneys appropriated to the purpose by Act of Parliament. (6) An appeal shall lie to the High Court against a decision, order or direction given by a magi strate in terms of subsection (2) as if were an appeal against a judgment in a civil suit by the magistrate, and for such purposes the law relating to such appeals shall apply, mutatis mutandis. (Subsection as amended by s. 10 of Act No. 9 of 1997)

Select target paragraph3