CONSTITUTION OF ZIMBABWE
and the reference in subsection (1) (b) to a legal
practitioner shall include a reference to persons in
other jurisdictions who have comparable functions or
who have been admitted to practise the profession of
law as advocates or attorneys by whatever name they
may be called.
requires and after consultation with the Judicial
Service Commission, appoint some person qualified
for appointment as a judge of the Supreme Court or
the High Court to act in that office.
[Subsection as substituted by section 4 of Act 25 of 1981]
83 Oath of office
A judge of the Supreme Court or the High Court,
including an acting judge, shall, before entering upon
his office, take and subscribe before the President or
some person authorized by the President in that
behalf the oath of loyalty and the judicial oath in the
forms set out in Schedule 1:
Provided that where a person is appointed in terms
of section 80 (3) or 81 (3) to act as a judge of the
Supreme Court or the High Court, as the case may be,
it shall not be necessary for such person to take and
subscribe the oaths referred to in this section in
respect of such appointment.
[Section as substituted by section 5 of Act 25 of 1981]
84 Appointment of judges
(1) The Chief Justice and other judges of the
Supreme Court and the High Court shall be appointed
by the President after consultation with the Judicial
Service Commission.
[Subsection as substituted by section 12 of Act 23 of 1987]
(2) If the appointment of a Chief Justice or a judge
of the Supreme Court or the High Court is not
consistent with any recommendation made by the
Judicial Service Commission in terms of subsection
(1), the President shall cause Parliament to be
informed as soon as is practicable.
[Subsection as substituted by section 12 of Act 23 of 1987
and as amended by section 13 of Act 31 of 1989]
(3) The appointment of a judge in terms of this
section, whether made before, on or after the date of
commencement of the Constitution of Zimbabwe
Amendment (No. 4) Act, 1984, may be made for a
fixed period and any judge so appointed may,
notwithstanding that the period of his appointment
has expired, sit as a judge for the purpose of giving
judgment or otherwise in relation to any proceedings
commenced or heard by him while he was in office.
[Subsection as inserted by section 2 of Act 4 of 1984]
85 Acting judges
(1) If the office of the Chief Justice is vacant or the
Chief Justice is for any reason unable to perform the
functions of his office, the president may, after
consulting the Judicial Service Commission, appoint
some person holding the office of judge of the
Supreme Court or Judge President of the High Court
to act as Chief Justice.
[Subsection as amended by section 13 of Act 25 of 1981 and
by section 20 of Act 23 of 1987]
(2) If the office of a judge of the Supreme Court or
the High Court other than the Chief Justice is vacant
or such judge is appointed to act in some other
judicial capacity or is for any reason unable to
perform the functions of his office, or if the services
of an additional judge of the High Court are required
for a limited period, the President may, as the case
[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]
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