CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005
(2) An Act of Parliament referred to in subsection (1) may confer on the Judicial
Service Commission functions in connection with the employment, discipline and
conditions of service of such officers and persons employed in⎯
(a) the Supreme Court, the High Court and other courts subordinate to the
Supreme Court and the High Court; and
(b) the office of the Ombudsman;
as are specified in such Act.
[Subsection inserted by s. 18 of Act 5 of 2005 with effect from the 14th September, 2005.]
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 - Amendment No. 2,
by section 7 of Act 4 of 1984 - Amendment No. 4
and by section 20 of Act 23 of 1987 - Amendment No. 7]
(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 firstmentioned 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) the Administrative Court established by section 3 of the Administrative
Court Act [Chapter 7:07];
(Paragraph as substituted by section 2 of Act No. 10 of 1998 - Amendment No. 15.)
(a1) the Fiscal Appeal Court established by section 3 of the Fiscal Appeal Court
Act [Chapter 23:05];
(Paragraph as inserted by section 2 of Act No. 10 of 1998 - Amendment No. 15.)
(a2) the Special Court for Income Tax Appeals established by section 64 of the
Income Tax Act [Chapter 23:06];
(Paragraph as inserted by section 2 of Act No. 10 of 1998 - Amendment No. 15.)
(a3) any court or other adjudicating authority established by law which exercises
any function that was vested in a court referred to in paragraph (a), (a1) or
(a2) on the date of commencement of the Constitution of Zimbabwe
Amendment (No. 15) Act, 1998;
Reissue
72
14th September, 2005
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