27.
28.
29.
30.
Fines to be paid into Consolidated Revenue Fund.
Adjudication without authority and impersonation.
Designated officer.
Regulations.
AN ACT to provide for the application of customary law in the determination of civil cases; to provide for the constitution and jurisdiction of local courts; to provide for appeals from the decisions of
such courts; and to provide for matters connected with or incidental to the foregoing.
[Date of commencement: Parts I, III, IV, V, VI and VII - 12th February, 1992, Part II - 1st November, 1997.]
PART I
P RELIMINARY
1
2
Short title and date of commencement
(1) This Act may be cited as the Customary Law and Local Courts Act [ Chapter 7:05].
(2) Part II of this Act shall come into operation on a date to be fixed by the President by statutory instrument.
Interpretation
In this Act—
“chief” means—
(a) any person appointed as a chief in term of subsection (1) of section 3 of the Chiefs and Headmen
Act [Chapter 29:01];
(b) any person appointed as an acting chief in terms of subsection (1) of section 4 of the Chiefs and
Headmen Act [Chapter 29:01];
“community court” means a community court constituted in terms of paragraph (b) of subsection (1) of section ten;
“customary law” means the customary law of the people of Zimbabwe, or of any section or community of
such people, before the 10th June, 1891, as modified and developed since that date;
“designated officer” means an officer designated by the Minister in terms of section twenty-nine;
“general law of Zimbabwe” means the common law of Zimbabwe and any enactment, and excludes customary law;
“headman” means any headman, acting headman or deputy headman appointed in terms of section 8 of the
Chiefs and Headmen Act [Chapter 29:01];
“local court” means a primary court or community court;
“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;
“primary court” means a primary court constituted in terms of paragraph (a) of subsection (1) of section ten;
“province” means a province created in terms of section 3 of the Magistrates Court Act [Chapter 7:10];
“Secretary” means the Secretary of the Ministry for which the Minister is responsible.
PART II
CUSTOMARY LAW
3
Application of customary law
(1) Subject to this Act and any other enactment, unless the justice of the case otherwise requires—
(a) customary law shall apply in any civil case where—
(i) the parties have expressly agreed that it should apply; or
(ii) regard being had to the nature of the case and the surrounding circumstances, it appears that the
parties have agreed it should apply; or
(iii) regard being had to the nature of the case and the surrounding circumstances, it appears just and
proper that it should apply;
(b) the general law of Zimbabwe shall apply in all other cases.
(2) For the purposes of paragraph (a) of subsection (1)—
“surrounding circumstances”, in relation to a case, shall, without limiting the expression, include—
(a) the mode of life of the parties;
(b) the subject matter of the case;
(c) the understanding by the parties of the provisions of customary law or the general law of Zimbabwe, as the case may be, which apply to the case;