(2) Every community court shall be presided over by a chief or other person who— (a) shall be appointed to his office by the Minister or by a designate officer authorized thereto by the Minister; and (b) may be removed from his office by the Minister or by a designated officer authorized thereto by the Minister. (3) Before appointing a person to preside over a local court or removing him from his office in relation to that court, the Minister or designated officer, as the case may be, shall consult the Minister responsible for the administration of the Chiefs and Headmen Act [Chapter 29:01]: Provided that the Minister or designated officer shall not appoint a member of the Public Service to preside over a local court, or remove him from his office in relation to that court, without the approval of the Public Service Commission. (4) Persons presiding over local courts, other than headmen, chiefs and persons in the full-time employment of the State or a local authority, may be paid such remuneration and allowances as may be prescribed. 12 Assessors in local courts (1) The person presiding over a local court shall exercise all the jurisdiction and powers of the court but, in the hearing of every case, shall be assisted by not fewer than two and not more than five assessors who shall be chosen by him from a list of persons prepared by him and approved by a designated officer. (2) Assessors referred to in subsection (1)— (a) shall act in an advisory capacity only and shall not be entitled to a vote in the decision of the court; and (b) may be paid such remuneration and allowances as may be prescribed. 13 Appointment of messengers of local courts (l) Subject to such terms and conditions as he may determine, the Minister or any person authorized thereto by the Minister may appoint messengers of any local court for the purpose of serving the process of the court and for exercising such other functions as may be conferred or imposed upon a messenger by or in terms of this Act: Provided that before appointing a messenger to a local court presided over by a chief or headman, the Minister or person authorized by the Minister, as the case may be, shall consult the chief or headman concerned. (2) The person presiding over a local court may appoint a person to act as messenger, whenever by reason of illness, absence, or interest of the messenger or on the application of any person interested, he considers it necessary or expedient to do so. (3) A messenger appointed in terms of subsection (1) or (2) shall not be a member of the Public Service. (4) The allowances and additionally, or alternatively, the fees of a messenger appointed in terms of subsections (1) and (2) shall be as prescribed. (5) Notwithstanding the appointment of messengers in terms of subsection (1) or (2), any police officer shall be competent to serve any summons, subpoena, notice, order or other document in connection with any case in a local court as if he were a duly appointed messenger of the local court. 14 Appointment of clerks of local courts (1) Subject to this section, the Minister or a person authorized thereto by the Minister may appoint a clerk to any local court for the purpose of issuing court process and exercising such other functions as may be prescribed or as may be conferred or imposed upon him by the person presiding over the local court concerned: Provided that, before appointing a clerk to a court presided over by a chief or headman, the Minister or person authorized by the Minister, as the case may be, shall consult the chief or hea dman concerned. (2) A clerk appointed in terms of subsection (1) shall not be a member of the Public Service. (3) The allowances and additionally, or alternatively, the fees of a clerk appointed in terms of subsection (1) shall be as prescribed. PART IV JURISDICTION OF LOCAL COURTS 15 Jurisdiction of local courts Subject to this Act and any other enactment and in particular to section sixteen, a local court shall have jurisdiction to hear, try and determine any civil case in which customary law is applicable where— (a) the defendant is normally resident within the area of jurisdiction of the court; or (b) the cause of action or any element thereof arose within such area; or (c) the defendant consents to the jurisdiction of the court. 16 Limits of jurisdiction of local courts (1) A local court shall have no jurisdiction in any case— (a) where the claim is not determinable by customary law; or (b) subject to subsection (2), where the claim or the value of any article claimed exceeds— (i) fifty million dollars, in the case of a primary court; or

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