ss 85–88
CONSTITUTION OF ZIMBABWE
Supreme Court, Judge President of the High Court or
a judge of the High Court, such salary and allowances
as may from time to time be prescribed by or under
an Act of Parliament.
[Subsection as amended by section 13 of Act 25 of 1981]
(2) The salary and allowances payable to a person
under subsection (1) shall not be reduced during the
period he holds the office concerned or acts as holder
thereof.
89 Law to be administered
Subject to the provisions of any law for the time
being in force in Zimbabwe relating to the application
of African customary law, the law to be administered
by the Supreme Court, the High Court and by any
courts in Zimbabwe subordinate to the High Court
shall be the law in force in the Colony of the Cape of
Good Hope on 10th June, 1891, as modified by
subsequent legislation having in Zimbabwe the force
of law.
[Section as amended by section 13 of Act 25 of 1981]
90 Judicial Service Commission
(1) There shall be a Judicial Service Commission
which shall consist of—
(a) the Chief Justice or, if there is no Chief Justice
or acting Chief Justice or the Chief Justice is
not available, the most senior judge of the Supreme Court who is available;
(b) the Chairman of the Public Service Commission;
(c) the Attorney-General;
(d) no less than two or more than three other
members appointed, subject to the provisions
of subsection (2), by the President.
[Paragraph as amended by section 20 of Act 23 of 1987]
(2) One of the members appointed under subsection (1) (d) shall be a person who—
(a) is or has been a judge of the Supreme Court or
the High Court; or
(b) is and has been for not less than five years,
whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or
(c) possesses such legal qualifications and has had
such legal experience as the President considers suitable and adequate for his appointment
to the Judicial Service Commission;
and the other members shall be chosen for their
ability and experience in administration or their
professional qualifications or their suitability otherwise for appointment.
92 Persons presiding over special courts
(1) The power to appoint persons to preside over a
special court shall vest in the President, after consultation with the Judicial Service Commission:
Provided that Parliament may provide that the
Chief Justice may, after consulting the Judicial
Service Commission, appoint a person holding the
office of judge of the High Court to preside over a
special court for such period as he may specify.
[Subsection as amended by section 13 of Act 25 of 1981, by
section 7 of Act 4 of 1984 and by section 20 of Act 23 of
1987]
(2) During the term of office of a person appointed
to preside over a special court his conditions of
service shall not be amended and his office shall not
be abolished without his consent.
(3) Notwithstanding the provisions of subsection
(2), an Act of Parliament may—
(a) vest the functions of a special court in another
special court if such Act provides that any person who has been appointed to preside over
the first-mentioned court shall be deemed to
have been appointed to preside over the second-mentioned court; and
(b) effect a change in the designation of the person
referred to in paragraph (a).
(4) In this section, “special court” means—
(a) any court or other adjudicating authority
established by law which exercises all or any
of the functions previously exercised by—
(i) the Fiscal Appeal Court established by
section 3 of the Fiscal Appeal Court Act
[Chapter 180];
(ii) the Special Court established by section
53 of the Income Tax Act [Chapter 181];
(iii) the Water Court established by section
22 (1) of the Water Act, 1976;
(iv) the Compensation Court established by
section 3 of the Land Acquisition Act,
1979;
(b) any court or other adjudicating authority
established by law, other than a local court or a
court established by or under a disciplinary
law, if there is no right of appeal, directly or
indirectly, from a decision of that court or other adjudicating authority to the Supreme Court
or the High Court;
[Paragraph as amended by section 13 of Act 25 of 1981]
(c)
any court or other adjudicating authority
established by law which is declared by that
law to be a special court for the purposes of
this section.
[Subsection as amended by section 13 of Act 30 of 1990]
(3) In computing, for the purpose of subsection
(2) (b), the period during which any person has been
qualified to practise as a legal practitioner, any period
during which he was qualified to practise as an
advocate or attorney in Zimbabwe shall be included.
[Section as substituted by section 4 of Act 4 of 1984]
91 Functions of Judicial Service Commission
The functions of the Judicial Service Commission
shall be to tender such advice and do such things in
relation to the judiciary as are provided for by this
Constitution or by or under an Act of Parliament.
[Section as substituted by section 14 of Act 30 of 1990]
CHAPTER IX
THE POLICE FORCE
93 Police Force and Commissioner of Police
(1) There shall be a Police Force which, together
with such other bodies as may be established by law
for the purpose, shall have the function of preserving
the internal security of and maintaining law and order
in Zimbabwe.
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of
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