B.
The judicial system
115. The judicial authority of Zimbabwe is vested in the Supreme Court, the High Court and other
courts subordinate to the Supreme and High Courts as may be established by or under an Act
of Parliament (article 79(1) of the Constitution). The Supreme Court is a superior court of
record and the final court of appeal (article 80(1)). The judges of the Supreme and High
Courts are appointed by the President after consultation with the Judicial Service Commission
(article 84(1)). In the exercise of his/her judicial authority, a member of the judiciary shall not
be subject to the direction or control of any person or authority (article 79B).
116. Special courts or other adjudicating authorities can be established by legislation (article 92).
The Labour Court is a “special court” established to hear and to deal with labour matters
pursuant to the Labour Act (Part XI of the Labour Act, section 84(1)). In respect of labour
matters, the Labour Court exercises the same powers as the High Court (section 89(1)(d1) of
the Labour Act). No court other than the Labour Court has jurisdiction in the first instance to
hear and determine any application on labour matters (section 89(6)). Decisions of the Labour
Court on a “question of law only” may be appealed to the Supreme Court (section 92F).
C.
Other institutions
117. Other independent bodies, which are “not subject to the direction or control of anyone”, 73
shall be established pursuant to the Constitution. Among them is the Zimbabwe Human Rights
Commission 74 (article 100Q of the Constitution) consisting of a chairperson and eight other
members 75 appointed by the President of Zimbabwe. 76 The Commission is to have the
following functions: to promote development, awareness of, and respect for, human rights and
freedoms and, to that effect, to recommend to Parliament the necessary effective measures; to
monitor and assess the observance of human rights; to investigate the conduct of any authority
or person, where it is alleged that any of the constitutional rights has been violated; and to
assist in preparation of reports to be submitted to any regional or international body
constituted under any human rights convention, treaty or agreement to which Zimbabwe is a
party. The Human Rights Commission will have the power to take over and continue any
investigation that has been instituted by the Public Protector (see below) into actions taken by
any officer, person or other authority in the exercise of his/her administrative functions, where
it determines that the dominant question in issue involves an alleged violation of constitutional
rights. An Act of Parliament may confer power on the Human Rights Commission to conduct
investigations on its own initiative or on receipt of complaints; to visit and inspect prisons,
places of detention, refugee camps and related facilities in order to ascertain the conditions
under which inmates are kept there, and to make recommendations regarding those conditions
to the minister responsible for administering the law relating to those places or facilities; and
to secure or provide appropriate redress for violations of human rights and for injustice.
73
Article 109(1)(a) of the Constitution as amended by Act No. 19.
74
Other commissions are: the Zimbabwe Electoral Commission, the Zimbabwe Anti-Corruption
Commission and the Zimbabwe Media Commission.
75
At least four of whom shall be women.
76
After consultation with the Judicial Service Commission and the Committee on Standing Rules
and Orders for the appointment of the chairperson. The members are appointed from a list of
16 nominees submitted by the Committee on Standing Rules and Orders. The persons so appointed
are chosen for their knowledge of and experience in the promotion of social justice or the protection
of human rights and freedoms.
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