TITLE 7

TITLE 7

Chapter 7:10 PREVIOUS CHAPTER

MAGISTRATES COURT ACT

Order in Council, 1898 (ss. 69, 70, 71(1) and (3) and 73); Ord. 5/1899; Acts 18/1931,
3/1935, 19/1936 (ss. 8, 9 and 10), 37/1938 (ss. 33 and 40), 3/1949, 29/1951 (s. 2),
18/1952, 57/1954, 25/1956 (s. 4), 8/1957 (Federal) (s. 14), 4/1958, 29/1960, 53/1960
(ss. 53 and 54), 14/1962 (s. 2), 19/1963, 12/1964 (s. 54), 71/1064, 18/1965, 45/1965,
25/1966, 5/1967 (s. 93), 11/1968, 12/1969, 24/1969 (s. 33), 39/1971, 51/1971 (s. 32),
61/1971 (s. 11), 33/1973, 3/1974, 27/1975, 26/1976, 37/1977(s. 3), 41/1978 (s. 3),
17/1979 (s. 5), 31/1979 (ss. 2 and 3), 6/1981 (s. 30), 15/1981 (s. 16), 26/1981,
29/1981 (s. 59), 15/1982 (ss. 3 and 4), 33/1983, 3/1984 (s. 2), 28/1984 (s. 3), 12/1986
(s. 2), 13/1989, 2/1990, 11/1991 (s. 6), 1/1992, 2/1992, 15/1992, 22/1992 (s. 2),
15/1994; 9/1997, 8/2001, 22/2001, 14/2002, 9/2003, R.G.Ns. 217/1970 (as read with
Act 29/1970 (s. 16)), 698/1970, 707/1970, 354/1972, 155/1993, 173/1993, 86/1995.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Regional divisions and provinces.
4. Regional and provincial courts.
5. Nature of courts and proceedings.
6. Magistrate to preside over court.
7. Appointment of magistrates.
8. Powers and jurisdiction of magistrates.
9. Oath.
PART II
CIVIL
10. Messengers of court.
11. Jurisdiction in civil cases.
12. Arrests and interdicts.
13. Attachment to found or confirm jurisdiction.
14. When court has no jurisdiction.
15. Counterclaim exceeding jurisdiction.
16. Assessors.
17. Change of place of hearing.
18. Judgments.
19. Costs caused by default of witness.
20. Writs of execution.
21. Report by officer charged with execution of writ.
22. Messenger’s powers.
23. Force of process.
24. Return of messenger, deputy messenger, etc.
25. What property may not be attached.
26. Summons for civil imprisonment.
27. Decree of civil imprisonment.
28. Costs in proceedings in civil imprisonment.
29. Superannuation of decrees of civil imprisonment.
30. Warrant of imprisonment.
31. Period of imprisonment and effect of liberation.
 32. Imprisonment and maintenance during imprisonment.
33. Garnishee orders.
34. Order for attachment of property in security of rent.
35. Proceedings for recovery of possession of house upon return of nulla
bona in action for rent.
36. Decree for delivery of possession and its effects.
37. Court in certain cases may, in action for rent, decree delivery of
possession.
38. When summons operates as interdict.
39. Rescission and alteration of judgment.
40. Appeals.
41. Abandonment of whole or part of judgment appealed against.
42. Agents.
43. Costs.
44. Curator ad litem, appointment of.
PART III
INTERROGATORIES (NEIGHBOURING STATES)
45. Examination by interrogatories.
46. Manner of summoning and penalty for non-attendance.
47. Reciprocal provision for cases pending in Zimbabwe.
48. When this Part takes effect.
PART IV
CRIMINAL
49. Jurisdiction in criminal cases.
50. Ordinary jurisdiction as to punishment.
51. Special jurisdiction as to punishment.
52. Magistrate may be assisted by assessors.
53. Incapacity of assessor.
54. Stopping and conversion of trials.
55. Imposition or bringing into operation of sentences suspended by High
Court.
56. Local limits of jurisdiction.
57. Review.
58. Scrutiny of certain cases not falling within section 57(1).
59. Accused’s right to submit statement on review.
60. Appeal from magistrates courts in criminal cases.
61. Attorney-General may appeal to High Court on point of law or against
acquittal.
62. Attorney-General may appeal to High Court against sentence.
63. Execution of sentence of imprisonment, fine or community service not
suspended pending review or appeal unless bail granted.
64. Execution of corporal punishment suspended pending appeal.
PART V
GENERAL
65. Legal representation.
66. Amendment of plaint or summons. Costs.
67. Examination of witnesses by interrogatories.
68. Commission de bene esse.
69. Administration of oath.
70. Interpleader proceedings where third parties claim goods taken in
execution.
71. Contempt of court.
72. Obstruction of messenger and other offences.
73. Rules of court.
74. Transitional provision: assistant magistrates.
AN ACT to consolidate and amend the law relating to courts of magistrates, and to
provide for the examination, by interrogatories, of persons resident in Zimbabwe,
whose evidence is required in civil cases pending in any magistrates court in any
neighbouring state.
[Date of commencement: 1st January, 1932.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Magistrates Court Act [Chapter 7:10].
2 Interpretation
In this Act—
“clerk of the court” includes any official carrying out the duties of such clerk on the
instruction of the magistrate;
“court” means a court of a magistrate;
“judgment”, in relation to civil cases, includes a sentence, decree, order or rule;
“magistrate” means any person who has been appointed to hold magisterial office in
terms of this Act;
“messenger” includes a deputy messenger;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any
other Minister to whom the President may, from time to time, assign the
administration of this Act;
“periodical court” means a court of a magistrate sitting at some place, other than the
ordinary stated place of holding of the court, appointed for the periodical holding of
such court;
“province” means a province created in terms of section three;
“regional division” means a regional division created in terms of section four;
“registrar” means registrar of the High Court;
“rules” means rules made in terms of section seventy-three.
3 Regional divisions and provinces
The President may, by statutory instrument—
(a) create regional divisions consisting of one or more provinces or of one
or more provinces and a portion or portions of a province or provinces or of one or
more portions of a province or provinces and declare the name by which any regional
division shall be known;
(b) create provinces and define the boundaries of each of them and
declare the name by which any province shall be known;
(c) abolish or alter the boundaries of any regional division or province.
4 Regional and provincial courts
(1) The Minister may, by statutory instrument—
(a) establish one or more courts for any regional division;
(b) appoint one or more places within each regional division for the
holding of a court for that regional division;
(c) abolish the courts established for any regional division when such
regional division has been abolished.
(2) There shall be one or more courts for each province as the Minister may
determine.
(3) The Minister may, by statutory instrument, appoint one or more places within
each province for the holding of a court for that province.
5 Nature of courts and proceedings
(1) Every court shall be a court of record.
(2) Subject to this Act and except as provided in any other law—
(a) the proceedings in all cases shall be in the English language and shall
be carried on in open court:
Provided that, in any matter to be determined according to customary
law, the proceedings may be conducted in any other language agreed upon by the
parties and the presiding magistrate;
(b) the records of the proceedings of the court shall be kept in the English
language and shall be accessible to the public under the supervision of the clerk of the
court at all convenient times and upon payment of such fees as may be prescribed in
rules;
(c) in all criminal cases the witnesses shall deliver their evidence viva
voce.
(3) If any person disturbs the peace or order of the court, the court may order that
person to be removed and detained in custody until the rising of the court or if, in the
opinion of the court, the peace or order of the court cannot otherwise be secured, may
order the court room to be cleared and the doors thereof to be closed to the public.
(4) The court may change its place of hearing of any case to any other place within its
jurisdiction if, through the inability from illness or other cause of the accused in a
criminal case or of a witness in any case to attend at a place where the court usually
sits or for other reasonable cause, it appears desirable to do so, and may adjourn the
hearing for that purpose.
6 Magistrate to preside over court
Every court shall be presided over by a magistrate.
7 Appointment of magistrates
(1) Subject to subsection (4) of section 75 of the Constitution, the Public Service
Commission may appoint any person to hold magisterial office.
(2) From the persons appointed to hold magisterial office in terms of subsection (1)
the Public Service Commission may, subject to subsection (4) of section 75 of the
Constitution, appoint any person to be a senior magistrate if such person—
(a) has held magisterial office for not less than four years; or
(b) has held magisterial office for not less than two years and—
(i) for a period of not less than two years, or for a number of periods
which together amount to not less than two years, has been employed upon such
duties as the Minister, after consultation with the Chief Justice, may approve; or
(ii) has obtained such qualifications as the Minister, after consultation
with the Chief Justice, may approve;
or
(c) is and has been for a period which in the aggregate is not less than
four years qualified to practise—
(i) as a legal practitioner in Zimbabwe; or
(ii) in a capacity comparable to that of a legal practitioner—
A. in a country in which the common law is Roman-Dutch and English is
an official language; or
B. if he is a citizen of Zimbabwe, in a country in which the common law
is English and English is an official language.
(3) From the persons appointed to be senior magistrates in terms of subsection (2) the
Public Service Commission may, subject to subsection (4) of section 75 of the
Constitution, appoint—
(a) a person to be chief magistrate of Zimbabwe;
(b) a person to be deputy chief magistrate of Zimbabwe
(c) one or more persons to be regional magistrates;
(d) one or more persons to be provincial magistrates.
(4) For the purposes of paragraph (c) of subsection (2), any period during which a
person held judicial office after having qualified to practise as a legal practitioner or
to practise in a comparable capacity shall be included in the period during which he
has so been qualified.
8 Powers and jurisdiction of magistrates
(1) The chief magistrate and the deputy chief magistrate shall possess the powers and
jurisdiction—
(a) of a regional magistrate in any regional division; and
 (b) of a provincial magistrate in any province.
(2) A regional magistrate may exercise the powers and jurisdiction conferred upon
him by this Act and any other enactment in any regional division.
(3) A magistrate, other than a regional magistrate, may exercise the powers and
jurisdiction conferred upon him by this Act and any other enactment in any province.
9 Oath
A magistrate on appointment in terms of subsection (1) of section seven shall, before
exercising any of the functions of his office, in open court take the following oath—
“I, A.B., do promise and swear that I will faithfully, impartially and diligently execute
to the best of my abilities the duties of the office of magistrate. So help me God.”
PART II
CIVIL
10 Messengers of court
(1) Subject to such conditions as he may determine, the Minister may appoint
messengers of court.
(2) A messenger may, with the approval of the magistrate, appoint one or more
deputy messengers for whom he shall be responsible.
(3) The magistrate may appoint a person to act as messenger when, by reason of the
illness, absence or interest of the messenger, or on the application of any person
interested, he may consider it necessary or expedient so to do.
(4) Where no messenger or deputy messenger has been appointed for the court of a
regional magistrate, every messenger and deputy messenger appointed for a court of a
provincial magistrate within the regional division concerned shall be qualified to act
as the messenger or deputy messenger, as the case may be, of that regional court as if
he had been duly appointed as such.
(5) When process of the court in a civil case is to be served and no messenger or
deputy messenger has been appointed at the place where the court is held, a police
officer shall, subject to the rules, be as qualified to serve such process in such a case
as if he had been duly appointed deputy messenger.
(6) A messenger who—
(a) is negligent or dilatory in the service or execution of process; or
(b) wilfully demands payment of more than his proper fees or expenses or
makes a false return; or
(c) becomes incompetent to perform his work; or
(d) conducts himself in any manner or is addicted to any habits
inconsistent with the discharge of his duties as a messenger; or
(e) for any other reason is, in the opinion of the provincial magistrate,
unsuitable or unable to perform his duties;
may be suspended by the provincial magistrate, who may appoint a person to act in
his place during the period of suspension.
(7) The provincial magistrate shall forthwith report to the Minister any action he has
taken under subsection (6) and the Minister may, after consideration of the report, set
aside the suspension or confirm it and dismiss the messenger from his office.
(8) A messenger shall give security to the satisfaction of the magistrate for the due
fulfilment of his office and for the due and punctual payment by him to the parties
entitled thereto of all moneys which come into his hands by virtue of his office.
11 Jurisdiction in civil cases
(1) Every court shall have in all civil cases, whether determinable by the general law
of Zimbabwe or by customary law, the following jurisdiction—
(a) excepting any other jurisdiction assigned to any court by this Act or
any other enactment, the persons in respect of whom the court shall have jurisdiction
shall be—
(i) any person who resides, carries on business or is employed within the
province;
(ii) any partnership whose business premises are situated, or any member
whereof resides, within the province;
(iii) any person whatever, in respect of any proceedings incidental to any
action or proceedings instituted in the court by such person himself;
(iv) any person, whether or not he resides, carries on business or is
employed within the province, if the cause of action arose wholly within the
province;
(b) with regard to causes of action—
(i) in any cases founded upon any bill of exchange, promissory note,
good-for, bond or other written acknowledgement of debt, commonly called a liquid
document, to such amount as may be prescribed in rules, together with any interest
due thereon;
(ii) in actions in which is claimed the delivery or transfer of any property,
movable or immovable, where the value of such property does not exceed such
amount as may be prescribed in rules, whether in lieu of or in addition to any other
claim, which shall include a claim for the cancellation of any agreement relating to
such property;
(iii) in actions of ejectment against the occupier of any house, land or
premises situate within the province:
Provided that, where the right of occupation of any such house, land
or premises is in dispute between the parties, such right does not exceed such amount
as may be prescribed in rules in clear value to the occupier;
(iv) in actions in which is claimed a decree of divorce, judicial separation
or nullity of a marriage solemnized in terms of the Customary Marriages Act
[Chapter 5:07], including actions relating to the division, apportionment or
distribution of the assets, whether movable or immovable, of spouses or former
spouses of such marriages and the payment of maintenance in terms of the
Matrimonial Causes Act [Chapter 5:13];
(v) in actions relating to the guardianship and custody of children of
marriages solemnized in terms of the Customary Marriages Act [Chapter 5:07];
(vi) subject to subsection (2) of section fourteen, in all cases relating to the
validity, effect or interpretation of oral wills made in terms of section 11 of the Wills
Act [Chapter 6:06];
(vii) in all actions other than those already specified in this paragraph,
where the claim or the value of the matter in dispute does not exceed such amount as
may be prescribed in rules:
Provided that a court shall have jurisdiction to try any action or case
referred to in subparagraph (i), (ii), (iii) or (vii) otherwise beyond its jurisdiction in
terms of this paragraph if the defendant has consented thereto in writing;
(c) with regard to all actions, except such as are set out in section
fourteen, if both parties agree by a memorandum signed by them or their respective
legal practitioners that the court named in such memorandum shall have power to try
such action, such court shall have jurisdiction to try the same therein;
(d) if two or more claims, each based upon a different cause of action, are
combined in one summons, the court shall have the same jurisdiction to decide each
such claim as it would have had if each claim had formed the sole subject of a
separate action;
(e) if a claim for the confirmation of an interdict or arrest granted
pendente lite is joined in the same summons with a claim for relief of any other
character, the court shall have the same jurisdiction to decide each such claim as it
would have had if each claim had formed the sole subject of a separate action, even
though all the claims arise from the same cause of action;
(f) in actions wherein the sum claimed, being within the jurisdiction, is
the balance of an account, the court may inquire into and take evidence if necessary
upon the whole account even though such account contains items and transactions
exceeding the amount of the jurisdiction;
 (g) where the amount claimed or other relief sought is within the
jurisdiction, such jurisdiction shall not be ousted merely because it is necessary for
the court, in order to arrive at a decision, to give a finding upon a matter beyond the
jurisdiction, and, in considering whether a claim is or is not within the jurisdiction, no
prayer for interest on the principal sum claimed or for costs or for general or
alternative relief shall be taken into account;
(h) in order to bring a claim within the jurisdiction, a plaintiff may in his
summons explicitly abandon part of such claim and if any part of a claim is so
abandoned, it shall be thereby finally extinguished:
Provided that, if the claim is upheld in part only, the abandonment
shall be deemed first to take effect upon that part of the claim which is not upheld;
(i) in order to bring a claim within the jurisdiction a plaintiff may in his
summons deduct from his claim, whether liquidated or unliquidated, any amount
admitted by him to be due by himself to the defendant;
( j) a substantive claim exceeding the jurisdiction may not be split with
the object of recovering the same in more than one action if the parties to all such
actions would be the same and the point at issue in all such actions would also be the
same;
(k) in paragraphs (d) to ( j) “action, “claim” and “summons” include
“claims in reconvention”, and “plaintiff” and “defendant” include “plaintiff in
reconvention” and “defendant in reconvention”, respectively.
(2) In relation to a court of a regional magistrate, any reference in subsection (1) to a
province shall be construed as a reference to the regional division for which that court
has been established.
(3) Notwithstanding anything in this section, any amount due and payable under the
Debt Adjustment Tax Act, 1965 (No. 5 of 1965), or the Income Tax Act [Chapter
23:06] shall be recoverable by action in the court of the magistrate having jurisdiction
in respect of the person by whom such amount is so payable as aforesaid.
12 Arrests and interdicts
(1) Subject to the limits of jurisdiction prescribed by this Act, the court may grant
against persons and things orders for arrest tamquam suspectus de fuga, attachments,
interdicts and mandamenten van spolie.
(2) Confirmation by the court of any attachment or interdict in the judgment in the
action shall operate as an extension of the attachment or interdict until execution or
further order of the court.
(3) No order of personal arrest tamquam suspectus de fuga shall be made unless the
following conditions are complied with—
(a) the cause of action appears to amount, exclusive of costs, to such
amount as may be prescribed in rules; and
(b) the applicant appears to have no security for the debt, or only security
falling short of the amount of the debt by such amount as may be prescribed in rules;
and
(c) it appears that the respondent is about to remove from Zimbabwe.
13 Attachment to found or confirm jurisdiction
A court may order attachment of person or property to found or confirm jurisdiction
against any person who does not reside in Zimbabwe in respect of an action within its
jurisdiction where the claim or the value of the matter in dispute amounts to such
amount as may be prescribed in rules, exclusive of any costs in respect of the
recovery thereof, and may grant an order allowing service of any process in such
action to be effected in such manner as may be stated in such order.
14 When court has no jurisdiction
(1) No court shall have jurisdiction in or cognizance of any action or suit wherein—
(a) is sought—
(i) the dissolution of a marriage, other than a marriage solemnized in
terms of the Customary Marriages Act [Chapter 5:07]; or
 (ii) separation from bed and board or of goods of spouses of a marriage,
other than a marriage solemnized in terms of the Customary Marriages Act [Chapter
5:07]; or
(iii) a declaration of nullity in relation to a marriage, other than a marriage
solemnized in terms of the Customary Marriages Act [Chapter 5:07]; or
(b) the validity or interpretation of a written will or other testamentary
document is in question; or
(c) the status of a person in respect of mental capacity is sought to be
affected; or
(d) the specific performance of an act is sought without an alternative of
payment of damages:
Provided that a court shall have jurisdiction to order—
(a) the rendering of an account in respect of which the claim does not
exceed such amount as may be prescribed in rules; and
(b) the delivery or transfer of property, movable or immovable, not
exceeding such amount as may be prescribed in rules; or
(e) is sought a decree of perpetual silence; or
(f) provisional sentence is sought; or
(g) a declaration is sought as to any existing, future or contingent right or
obligation, where the person seeking the declaration does not or cannot claim any
relief consequential upon such declaration:
Provided that—
(i) any court may—
(a) in the course of any action or suit to recover damages for adultery with
the wife of the plaintiff, or for the amount or value of necessaries lawfully supplied to
the wife of any person, determine upon or in regard to the fact of marriage;
(b) in the course of any action or suit for the amount or value of
maintenance lawfully supplied to the child, legitimate or illegitimate, of any person,
determine upon the question of affiliation;
(c) in the course of any inquiry held under the Maintenance Act [Chapter
5:09], determine upon or in regard to the fact of marriage or upon the question of
affiliation;
so far as may be necessary for the decision of any such action, suit or
inquiry, without thereby binding or being deemed or taken to bind rights in future;
(ii) the evidence in every such case mentioned in paragraph (a) or (b) of
proviso (i) shall be recorded, and the same may be put in as evidence by either
plaintiff or defendant in any subsequent suit or action in the same court between the
same parties in which the matters in question in the former suit or action shall again
come into dispute.
(2) A court shall not have jurisdiction in any case relating to the validity, effect or
interpretation of an oral will made in terms of section 11 of the Wills Act [Chapter
6:06], unless—
(a) the testator of the will concerned was normally resident within the
province either when he made the will or when he died; or
(b) the testator of the will concerned was born within the province; or
(c) the majority, by number or value, of the beneficiaries under the will
concerned were normally resident within the province when the testator died; or
(d) the will was made within the province; or
(e) to the extent that the will disposes of any interest in immovable
property, the immovable property is situated within the province.
(3) In relation to a court of a regional magistrate, any reference in subsection (2) to a
province shall be construed as a reference to the regional division for which that court
has been established.
15 Counterclaim exceeding jurisdiction
(1) When in answer to a claim within the jurisdiction of a court the defendant sets up
a counterclaim exceeding the jurisdiction, the claim shall not on that account be
dismissed, but the court may, if satisfied that the defendant has prima facie a
reasonable prospect on his counterclaim of obtaining a judgment in excess of its
jurisdiction, stay the action for a reasonable period in order to enable him to institute
an action in a competent court; and the plaintiff in the magistrates court may,
notwithstanding his action therein, counterclaim in such competent court and in that
event all questions as to the costs incurred in the magistrates court shall be decided by
that competent court.
(2) If the period for which any action referred to in subsection (1) has been stayed has
expired and the defendant has failed to issue and serve a summons in a competent
court in relation to the matters and the subject of the counterclaim, the magistrates
court shall on application either—
(a) stay the action for a further reasonable period; or
(b) dismiss the counterclaim, whether the defendant does or does not
reduce such counterclaim to an amount within the jurisdiction of the court.
(3) If the defendant has failed to institute action within such further period or if the
action instituted by the defendant be stayed, dismissed, withdrawn or abandoned, or if
the competent court has granted absolution from the instance thereon, the magistrates
court shall, upon application, dismiss the counterclaim and shall proceed to determine
the claim.
16 Assessors
In any action the court may, with the approval of the Minister, summon to its
assistance to act as assessors, in an advisory capacity, one or more persons who are
willing so to do and who have skill and experience in any matter which may have to
be considered in the action.
17 Change of place of hearing
(1) Any action or proceedings may, with the consent of all the parties thereto, or upon
the application of any party and with due regard to the relative expense and
inconvenience which would result from the trial of such action or proceedings in the
court wherein summons has been issued, be transferred by the court to any other court
having jurisdiction in such action or proceedings.
(2) An interpleader summons, if issued in the court of the province in which the
property was attached, may, at the discretion of the court, be remitted for trial to the
court in which the judgment was given.
(3) An action commenced in a periodical or circuit court may, at the discretion of the
court, be transferred to the ordinary stated place of sitting of the court or vice versa.
18 Judgments
The court may, as the result of the trial of an action grant—
(a) judgment for the plaintiff in respect of his claim in so far as he has
proved the same;
(b) judgment for the defendant in respect of his defence in so far as he has
proved the same;
(c) absolution from the instance, if it appears to the court that the
evidence does not justify the court in giving judgment for either party;
(d) such judgment as to costs as may be just, including an order that one
party pay the costs of the other party on a legal practitioner and client basis.
19 Costs caused by default of witness
The court may order the costs of any postponement or adjournment occasioned by the
default of a witness or any portion of such costs to be paid out of any fine imposed
upon such witness.
20 Writs of execution
(1) When a court gives judgment for the payment of money the amount shall be
recoverable, in case of failure to pay the same forthwith or at the time or times and in
the manner ordered by the court, by execution against the movable property and, if
there is not found sufficient movable property to satisfy the judgment, then against
the immovable property of the party against whom such judgment has been given.
(2) No immovable property which is subject to any claim preferent to that of the
judgment creditor shall be sold in execution unless—
(a) the judgment creditor has caused such notice in writing of the intended
sale in execution to be served personally upon the preferent creditor as may be
prescribed in rules; or
(b) a magistrate of the regional division or, as the case may be, province
in which the property is situate has, upon the application of the judgment creditor and
after inquiry into the circumstances of the case, directed what steps shall be taken to
bring the intended sale to the notice of the preferent creditor, and those steps have
been carried out;
and unless—
(i) the proceeds of the sale are sufficient to satisfy the claim of such
preferent creditor in full; or
(ii) the preferent creditor confirms the sale in writing, in which event he
shall be deemed to have agreed to accept such proceeds in full settlement of his claim.
(3) A sale in execution of such immovable property as is referred to in subsection (2)
shall take place within such period of the date of attachment and in such manner as
may be provided in rules.
(4) No writ of execution shall be issued after the lapse of two years, calculated from
the day on which judgment is pronounced, unless the said judgment has first been
revived, but writs of execution once issued shall remain of force until such time as the
judgment has been satisfied.
(5) A judgment may be revived either in the court in which it was pronounced or in
any other court having jurisdiction in respect of the judgment debtor.
21 Report by officer charged with execution of writ
An officer charged with the execution of any writ in terms of section twenty shall
once a month, calculated from the date of issue of such writ, and oftener if thereto
required by the magistrate, report to the clerk of the court by endorsement on such
writ what he has done thereon and shall send a copy of such endorsement to the
judgment creditor, his legal practitioner or agent.
22 Messenger’s powers
(1) A messenger executing any process of execution against movable property may,
by virtue of such process, also seize and take any money or bank notes, and may
seize, take and sell in execution cheques, bills of exchange, promissory notes, bonds
or securities for money belonging to any person against whom the execution was
issued.
(2) The messenger may also hold any cheques, bills of exchange, promissory notes,
bonds or securities for money which have been seized or taken as security for the
benefit of the execution creditor for the amount directed to be levied by the execution
so far as it is still unsatisfied, and the execution creditor may, when the time for
payment has arrived, sue in the name of the execution debtor or in the name of any
person in whose name the execution debtor might have sued, for the recovery of the
sum secured or made payable thereby.
(3) The messenger may also under any process of execution against movable property
attach and sell in execution the interest of the execution debtor in any movable
property belonging to him and pledged or sold under a suspensive condition to a third
person, and may also sell the interest of the execution debtor in property, movable or
immovable, leased to the execution debtor or sold to him under any hire-purchase
contract or under a suspensive condition.
(4) When, if the sale had not been in execution, it would have been necessary for the
execution debtor to endorse a document or to execute a cession in order to pass the
property to a purchaser, the messenger may so endorse the document or execute the
cession as to any property sold by him in execution.
(5) The messenger may also, as to immovable property sold by him in execution, do
anything necessary to effect registration of transfer and anything done by the
messenger under this subsection or subsection (4) shall be as valid as if he were the
execution debtor.
(6) Where judgment is given against a member of a partnership or syndicate in an
action in which he individually was plaintiff or defendant, his interest in the
partnership or syndicate, or other property held jointly with any other person or
persons, may be attached and sold in execution.
23 Force of process
(1) Every process out of any court shall have force throughout Zimbabwe.
(2) Any process issued out of any court may be served or executed through the
messenger of the court out of which process is issued or through any other
messenger:
Provided that no costs shall be payable in excess of the costs of personal service in
the cheapest and most effective manner suited to the circumstances.
24 Return of messenger, deputy messenger, etc.
The return of a messenger, a deputy messenger or a police officer referred to in sub-
section (5) of section ten as to what has been done upon any process issued out of any
court shall be prima facie evidence of the matters stated therein.
25 What property may not be attached
In respect of any process of execution issued against any person out of any court, the
following property shall be protected from seizure and shall not be attached or sold—
(a) the necessary beds, bedding and wearing apparel of the person against
whom the execution is levied and of his family;
(b) the necessary furniture and household utensils in so far as the same do
not exceed in value such sum as may be prescribed in rules;
(c) the supply of food and drink in the house sufficient for the needs of
the family during one month;
(d) necessary tools and implements of trade or the tools necessarily used
in the cultivation of land by the said person in so far as the same do not exceed in
value such sum as may be prescribed in rules;
(e) professional books, documents or instruments necessary to the calling
of the said person in so far as the same do not exceed in value such sum as may be
prescribed in rules.
26 Summons for civil imprisonment
(1) Where it appears either that a judgment has remained unsatisfied for seven clear
days or, from the admission in writing or in open court of any judgment debtor or by
the return of the messenger to any process of execution, that such judgment debtor
has not sufficient property liable to be attached in execution to satisfy the judgment
debt and costs, the judgment creditor may take out a summons calling upon the
judgment debtor to show cause why a decree of civil imprisonment should not be
made against him.
(2) Such summons may be taken out either in the court wherein the original judgment
was given or in the court of any regional division or province wherein the judgment
debtor is for the time being residing, carrying on business or employed.
(3) Where it appears from the return of the summons that service was effected
elsewhere than within the province of the court from which the summons was issued,
the proceedings shall, unless the judgment debtor appears, be stayed until the court is
satisfied that the judgment debtor has been paid or tendered the sum which would
have been payable to him if he had been subpoenaed as a witness.
27 Decree of civil imprisonment
The court may, upon the return of the summons and whether the judgment debtor
appears or not, make a decree of civil imprisonment against such judgment debtor and
authorize the issue of a warrant for his arrest and detention in any prison named in
such warrant:
Provided that—
 (i) the court may at any time suspend the execution of or suspend or
altogether discharge any such decree or warrant upon such terms as may appear to the
court to be fair and reasonable;
(ii) no such decree shall be pronounced and no such warrant shall be
issued if the judgment debtor proves to the satisfaction of the court that he has no
means of satisfying the judgment debt either wholly or in part and either out of his
present means or out of future earnings or income, unless it appears that the judgment
debtor—
(a) has wilfully made away with any property in order to defeat or delay
payment of the judgment debt; or
(b) is able to earn sufficient to satisfy the judgment debt by instalments or
otherwise to settle the same, but in order to defeat or delay payment of the judgment
debt wilfully refuses to do so; or
(c) is squandering his money or is apparently living beyond his means;
(iii) in computing the degree to which the debtor can satisfy such debt the
court shall take into consideration the conditions under which he obtains his income
and the amount of his necessary expenses and those of the persons dependent on him;
(iv) the court of any regional division or province wherein a judgment
debtor is arrested shall have the same jurisdiction as the court from which the warrant
was issued to suspend such warrant, and may cancel or vary any order of suspension
made by itself, but such first-mentioned court may not discharge altogether any
warrant issued out of any other court.
28 Costs in proceedings for civil imprisonment
(1) Upon the hearing of any proceedings for civil imprisonment, unless it appears to
the court that the debtor has, within seven days after having notice of the judgment
upon which proceedings are founded, made a bona fide offer to the judgment creditor
to satisfy such judgment by instalments which the court considers fair and reasonable
or notified the judgment creditor that he is unable to make any offer, which the court
finds to be true, the court shall order the debtor to pay the costs of such proceedings,
but if it appears that the judgment creditor, notwithstanding such offer or a true
statement of the debtor that he is unable to make an offer, has instituted such
proceedings, the court may order such creditor to pay the costs of the same.
(2) Upon any proceedings for the suspension or discharge of any decree, warrant or
order for civil imprisonment, the costs thereof shall be borne by the judgment debtor
unless it appears to the court that such proceedings are due to some default or
omission by the judgment creditor.
(3) Nothing in this section shall be considered as depriving the court of its discretion
to make such order as to costs in any particular case as to it may appear just.
29 Superannuation of decrees of civil imprisonment
The period of superannuation of a decree of civil imprisonment shall be two years and
shall run from the date of the last payment made thereunder or, if no payment has
been made thereunder, from the date of the decree, but it may be revived in the same
manner as a judgment.
30 Warrant of imprisonment
When any court makes a decree of civil imprisonment against any defendant, the
process for the execution of the same shall be by warrant which shall in substance be
in the form prescribed in rules.
31 Period of imprisonment and effect of liberation
No judgment debtor shall be detained in prison under any such warrant as aforesaid in
any case in which the debt and costs mentioned in such warrant together amount to
less than ten dollars for any period longer than one month, nor in any case whatsoever
for any period longer than three months; and no judgment debtor once discharged,
except when discharged under an order of court suspending imprisonment, shall ever
be again arrested for the same debt or cause of action:
Provided that—
 (i) when any judgment debtor is discharged from prison by reason merely
that any such period as aforesaid has expired, or by reason of any charges for
maintenance remaining unsatisfied, such imprisonment and discharge shall not be
deemed to be a satisfaction of the debt or costs for which he was taken in execution
so as to prevent the judgment creditor from further executing against the property of
such judgment debtor;
(ii) every judgment debtor imprisoned under any such warrant shall be
discharged forthwith upon payment of the amount of the debt and costs mentioned in
the said warrant, or when the judgment creditor gives his written consent to such
discharge.
32 Imprisonment and maintenance during imprisonment
The officer in charge of whatever prison is in any such warrant mentioned and
referred to shall receive into his custody and retain therein according to the tenor of
such warrant the person against whom the same has been sued out:
Provided that—
(i) the judgment creditor suing out the same shall pay and satisfy the
charges for the maintenance of the judgment debtor;
(ii) it shall be lawful for such officer in charge as aforesaid, in case any
such charges remain unsatisfied, to discharge the judgment debtor from custody
forthwith.
33 Garnishee orders
(1) On the ex parte application to a court, hereinafter called “the court”, of any person
who has obtained in a magistrates court, community court or primary court any
judgment for the payment of any money, and upon such evidence as may be required,
that such judgment is still unsatisfied and of the amount still payable thereunder, and
that any other person living or carrying on business within the jurisdiction of the
court is indebted to the person against whom such judgment has been obtained,
hereinafter called “the debtor”, the court may order such other person, hereinafter
called “the garnishee”, to pay to the messenger, or to the judgment creditor or to his
legal practitioner or agent, so much of the debt actually due from him to the debtor as
may be sufficient to satisfy the judgment, together with the costs of the garnishee
proceedings and any costs previously incurred in attempting to obtain execution of
the judgment, or failing such payment, to appear before the court on a day to be
named in the order and show cause why he should not pay the debt.
(2) Subject to subsection (8), an order in terms of subsection (1) shall be served on
the garnishee and a copy thereof on the judgment debtor by the messenger either
personally or in such other manner as the court directs in the same manner as a
summons is directed to be served by any law or rule relating to the service of a
summons in civil proceedings, and the service of such order shall operate as an
interdict restraining the alienation of the debt by the garnishee except as directed in
the order.
(3) If the garnishee does not dispute that the debt is due from him to the debtor, or
allege that he has a set-off against the debtor, or that the debt sought to be attached
belongs to or is subject to a lien by some other person, or if he does not appear to
show cause, as is mentioned in subsection (1), the court may, if satisfied by the return
endorsed upon the order that the same has been duly served, further order execution
to issue against the garnishee for so much of the debt as may be sufficient to satisfy
the judgment, together with the costs of the garnishee proceedings, and the process
for the execution of the order shall be as nearly as possible in accordance with the
laws in force relative to the process for the execution of judgments:
Provided that the judgment debtor shall have the right to appear and to be heard.
(4) If the garnishee disputes his liability to pay the debt, or alleges that the debt
sought to be attached is subject to a set-off or belongs to or is subject to a lien by
some other person, the court, instead of making a further order as in subsection (3) is
provided, shall, subject to the limitations as to jurisdiction imposed in civil cases,
proceed to hear and determine the question of such liability or of the rights of such
other person and may order such other person to appear and state the nature and
particulars of his claim to or upon the said debt.
(5) After hearing the garnishee or such other person referred to in subsection (4) and
their witnesses or, in case of the non-appearance after order of such other person, the
court may order execution to issue against the garnishee in the manner provided by
subsection (3) and may declare the claim of such other person to be barred, or may
make such other order as to the court seems proper, upon such terms in all cases with
respect to any set-off, lien or charge of such other person, and upon such terms with
respect to costs, as the court thinks just and reasonable.
(6) A garnishee order may authorize the attachment of salary or wages, whether due
and payable at the time of the grant of the order or to be earned in the future, and may
order the payment of the debt and costs by instalments therefrom:
Provided that—
(i) the court is satisfied that, after satisfaction of the order, sufficient
means will remain for the maintenance of the debtor and those dependent upon him;
(ii) the court may at any time, on the application of the judgment creditor
or the judgment debtor, suspend, vary or discharge the order.
(7) Payment made by or execution levied upon the garnishee under this section shall
be a valid discharge of the debt due from him to the debtor to the amount paid or
levied.
(8) In any case where the State is the garnishee, the order to be served in terms of
subsection (2) shall be served—
(a) where the order relates to salary or wages of a person who is
employed by the State and whose salary or wages are paid by the Salary Service
Bureau, upon the person in charge of the Salary Service Bureau in Harare;
(b) in any other case, upon such person as may be prescribed in rules.
(9) The costs of any proceedings under this section shall be in the discretion of the
court.
(10) The magistrate shall transmit certified copies of any orders made, and a
certificate of the amounts paid or levied under this section, to the clerk of the court in
which the judgment was obtained against the debtor.
34 Order of attachment of property in security of rent
(1) Upon an affidavit by or on behalf of the landlord of any house, land or premises
situate within the court’s regional division or province, as the case may be, that an
amount of rent not exceeding the jurisdiction of the court is due and in arrear in
regard to that house, land or premises, and that the rent has been demanded in writing
for the space of seven days and upwards or, if not so demanded, that the deponent
believes that the tenant is about to remove the movable property in and upon the
premises in order to defeat and avoid the payment of the rent due and in arrear, and
upon security being given to the satisfaction of the clerk of the court to pay and
satisfy all damages, costs and charges which the tenant of such house, land or
premises, or any other person, may sustain or incur by reason of the seizure or arrest
hereinafter mentioned if such seizure and arrest are thereafter set aside, the court may,
upon application, issue an order to the messenger authorizing and requiring him to
seize and arrest so much of the movable property in or upon the house, land or
premises in question, and subject to the landlord’s hypothec for rent, as may be
sufficient to satisfy the amount of rent due and in arrear, together with the costs of
such application and of any action for the rent due and in arrear.
(2) Any person affected by the order referred to in subsection (1) may apply to have it
set aside.
(3) A respondent whose property has been attached in terms of subsection (1) may, by
notice in writing to the clerk of the court, admit that such property is subject to the
landlord’s hypothec for an amount to be specified in the notice, and may consent that
such property be sold in satisfaction of the amount specified and costs; and the notice
shall have the same effect as a consent to judgment for the amount specified.
35 Proceedings for recovery of possession of house upon return of nulla bona in
action for rent
When a judgment of any court has been obtained for the amount of any rent of any
house, land or premises, and it appears by the messenger’s return that no movable
property has been found with which to satisfy the judgment, it shall be lawful for the
plaintiff to serve upon the defendant a notice in writing informing him that
application will be made to that court for an order directing him to deliver possession
of the house, land or premises in respect of which the rent is due:
Provided that no claim or demand for the delivery of possession as aforesaid shall be
entertained in any case in which the lease or the term thereof yet to come and
unexpired is of a value which is above the jurisdiction of the court.
36 Decree of delivery of possession and its effects
(1) It shall be lawful for the court, upon proof of the return and of the due service of
the notice referred to in section thirty-five, and after hearing the plaintiff and also the
defendant if he appears, to direct the defendant to deliver possession of the house,
land or premises in question at such time and date as may be specified by the court,
and thereupon the clerk of the court shall, upon the application of the plaintiff, issue a
warrant in terms of such order authorizing and requiring the messenger to put the
plaintiff into possession of the house, land or premises.
(2) A warrant in terms of subsection (1) shall in substance be in the form prescribed
in the rules, and the messenger shall execute such warrant against the defendant and
all persons claiming from, through or under him, and thereupon every previous
contract or agreement for the lease or use of the house, land or premises in question
by the defendant from the plaintiff shall become void:
Provided that the execution of the warrant referred to in subsection (1) shall not
operate as a satisfaction or extinction of the rent recovered by the judgment referred
to in section thirty-five.
37 Court in certain cases may, in action for rent, decree delivery of possession
If it is made to appear to any court at the time of the hearing of any action brought for
the recovery of any rent referred to in section thirty-five, either by the admission of
the defendant or otherwise, and whether such defendant personally appears at any
such hearing or not, that there is not sufficient property to satisfy any process of
execution in respect of such rent, the court may then, and without the issue of any
such process or any fresh summons, direct the defendant to deliver possession as
aforesaid in like manner as if he had been duly served with a notice in manner and
form as provided in section thirty-five.
38 When summons operates as interdict
(1) Where a summons is issued in which is claimed the rent of any house, land or
premises, the plaintiff may include in such summons a notice prohibiting any person
from removing any other furniture or other effects therein or thereon which are
subject to the plaintiff’s hypothec for rent until an order relative thereto has been
made by the court.
(2) A notice in terms of subsection (1) shall operate to interdict any person having
knowledge thereof from removing any such furniture or effects.
(3) Any person affected by a notice in terms of subsection (1) may apply to the court
to have the same set aside.
39 Rescission and alteration of judgment
(1) In civil cases the court may—
(a) rescind or vary any judgment which was granted by it in the absence
of the party against whom it was granted;
(b) rescind or vary any judgment granted by it which was void ab origine
or was obtained by fraud or by mistake common to the parties;
(c) correct patent errors in any judgment in respect of which no appeal is
pending.
(2) The powers given in subsection (1) may only be exercised after notice by the
applicant to the other party and any exercise of such powers shall be subject to
appeal.
(3) Where an application to rescind, correct or vary a judgment has been made, the
court may direct either that the judgment shall be carried into execution or that
execution thereof shall be suspended pending the decision upon the application and
the direction shall be made upon such terms, if any, as the court may determine as to
security for the due performance of any judgment which may be given upon the
application.
40 Appeals
(1) No appeal shall lie from the decision of a court if, before the hearing is
commenced, the parties lodge with the court an agreement in writing that the decision
of the court shall be final.
(2) Subject to subsection (1), an appeal to the High Court shall lie against—
(a) any judgment of the nature described in section eighteen or thirty-
nine;
(b) any rule or order made in a suit or proceeding referred to in section
eighteen or thirty-nine and having the effect of a final and definitive judgment,
including any order as to costs;
(c) any decision overruling an exception when the parties concerned
consent to such an appeal before proceeding further in an action or when it is
appealed from in conjunction with the principal case or when it includes an order as
to costs.
(3) Where an appeal has been noted the court may direct either that the judgment
shall be carried into execution or that execution thereof shall be suspended pending
the decision upon the appeal or application.
(4) A direction in terms of subsection (3) shall be made upon such terms, if any, as
the court may determine as to security for the due performance of any judgment
which may be given upon the appeal or application.
41 Abandonment of whole or part of judgment appealed against
The following provisions shall apply in civil cases where an appeal has been noted,
except in defamation or seduction cases—
(a) the respondent in any appeal may, by notice in writing to the appellant
and the clerk of the court, abandon the whole or any part of the judgment against
which such appeal is noted;
(b) where the party abandoning any judgment in terms of paragraph (a)
was the plaintiff or applicant, judgment in respect of the part abandoned shall be
entered for the defendant or respondent with costs;
(c) where the party abandoning any judgment in terms of paragraph (a)
was the defendant or respondent, judgment in respect of the part abandoned shall be
entered for the plaintiff or applicant in terms of the claim in the summons or
application;
(d) a judgment entered in terms of paragraph (b) or (c) shall have the
same effect in all respects as if it had been the judgment originally pronounced by the
court in the action or matter.
42 Agents
No person shall be admitted or enrolled as an agent in any court.
43 Costs
(1) The stamps, fees, costs and charges in connection with any civil proceedings in
magistrates courts shall, as between party and party, be payable in accordance with
the scales prescribed in rules.
(2) As between legal practitioner and client, the same scales as provided in subsection
(1) shall apply; but the clerk of the court may in his discretion allow, at rates based so
far as may be upon such scales, additional costs and charges for services reasonably
performed by the legal practitioner at the request of the client for which no
remuneration is prescribed as between party and party.
(3) Payment of costs awarded by the court, otherwise than by a judgment in default of
the defendant’s appearance to defend or on the defendant’s consent to judgment
before the time for such appearance has expired, may not be enforced until they have
been taxed by the clerk of the court or agreed to in writing by the parties:
Provided that the messenger’s necessary charges and disbursements according to the
prescribed scales for the execution of any process shall in the execution of such
process be recoverable from the debtor without taxation.
(4) Any person who is liable to pay or who is sued for costs of any proceedings in a
court, otherwise than under an award by the court or under a special agreement, may
require that those costs shall be taxed by the clerk of the court as between legal
practitioner and client, and thereupon any action for the recovery of those costs shall
be stayed pending the taxation.
(5) The costs of and incidental to a taxation in terms of subsection (4) shall be borne,
if not more than one-sixth is disallowed on taxation, by the person requiring the
taxation and if more than one-sixth is so disallowed, by the person claiming the costs.
44 Curator ad litem, appointment of
The court may appoint a curator ad litem to any party to any proceedings in such
court where such appointment is permitted or required by law.
PART III
INTERROGATORIES (NEIGHBOURING STATES)
45 Examination by interrogatories
When any witness in any civil case brought in any magistrates court in any
neighbouring state to which this Part applies, resides or is in Zimbabwe and it is
certified to the magistrate of the regional division or province in which the witness
resides or is, by the magistrate of the court in the neighbouring state that the evidence
of the witness is required in that civil case in such court and that interrogatories to be
put to the witness have been duly framed and approved under the laws as to
interrogatories in force in such state, it shall be the duty of the magistrate of the
regional division or province in which the witness resides or is, upon the receipt of
the interrogatories together with the reasonable expenses of the witness in accordance
with the tariff in force in the court to which he is subpoenaed—
(a) to summon the witness to appear in his court and upon his appearance
to take his evidence in manner and form as of a witness in a case pending in the court
to which the witness is subpoenaed; and
(b) to put to the witness the interrogatories and all other questions
calculated to obtain full and true answers to the interrogatories; and
(c) to take down or cause to be taken down in writing the evidence of the
witness and to transmit the same certified as correct to the magistrate in whose court
the civil case is pending.
46 Manner of summoning and penalty for non-attendance
Every witness summoned by a magistrate in terms of section forty-five to appear to
answer any interrogatories referred to in that section shall be summoned in like
manner and be liable to the like penalties in case of non-attendance as if the summons
were a summons to give evidence in the court of the magistrate.
47 Reciprocal provision for cases pending in Zimbabwe
If at any time provision is made by law in any neighbouring state to which this Part
applies for taking, by means of interrogatories, the evidence of witnesses who reside
or are in that state and whose evidence is required in any civil case pending in any
magistrates court in Zimbabwe, such evidence, certified as correct by the officer
proper for the purpose, shall be received as evidence in such case, subject to all
lawful exceptions.
48 When this Part takes effect
This Part shall take effect so far as concerns any neighbouring state as soon as the
President, by statutory instrument, declares that that state has made due provision for
taking, by interrogatories, the evidence of witnesses who reside or are in that state and
whose evidence is required in civil cases in the courts of magistrates in Zimbabwe,
and for the transmission of such evidence to such magistrates.
PART IV
CRIMINAL
49 Jurisdiction in criminal cases
(1) Subject to this Act and any other enactment, the court shall have jurisdiction over
all offences except—
(a) treason;
(b) murder;
(c) any offence where an enactment requires that a person convicted of
the offence shall be sentenced to death.
(2) The jurisdiction of the court, other than the court of a regional magistrate, over the
offence of rape shall be exercised only—
(a) on remittal by the Attorney-General of a case for trial or sentence in
such court; or
(b) on summary trial where the person charged has not attained the age of
eighteen years and the Attorney-General has in writing authorized the trial.
50 Ordinary jurisdiction as to punishment
(1) Subject to this Act and any other enactment, the jurisdiction of a court of a
magistrate, other than a senior, provincial or regional magistrate, in respect of
punishment for any offence shall be—
(a) on summary trial—
(i) imprisonment for a period not exceeding two years;
(ii) a fine not exceeding level seven;
[amended by Act 22 of 2001, with effect from the 10th September,2002,and further
amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(b) on remittal by the Attorney-General under the increased jurisdiction
given by this paragraph—
(i) imprisonment for a period not exceeding four years;
(ii) a fine not exceeding level nine.
[amended by Act 22 of 2001, with effect from the 10th September,2002and further
amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(2) Subject to this Act and any other enactment, the jurisdiction of a court of a senior
magistrate in respect of punishment for any offence, whether on summary trial or on
remittal by the Attorney-General, shall be—
(a) imprisonment for a period not exceeding four years;
(b) a fine not exceeding level nine.
[amended by Act 22 of 2001, with effect from the 10th September,2002,and amended
by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(3) Subject to this Act and any other enactment, the jurisdiction of a court of a
provincial magistrate in respect of punishment for any offence, whether on summary
trial or on remittal by the Attorney-General, shall be—
(a) imprisonment for a period not exceeding five years;
(b) a fine not exceeding level ten.
[amended by Act 22 of 2001, with effect from the 10th September,2002,and amended
by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(4) Subject to this Act and any other enactment, the jurisdiction of a court of a
regional magistrate in respect of punishment for any offence, whether on summary
trial or on remittal by the Attorney-General, shall be—
(a) imprisonment for a period not exceeding ten years;
(b) a fine not exceeding level twelve.
[amended by Act 22 of 2001, with effect from the 10th September,2002,and amended
by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(5) Subject to this Act and any other enactment, a court may impose upon a person
convicted of an offence a punishment of both a fine and imprisonment.
(6) Subject to section 353 of the Criminal Procedure and Evidence Act [Chapter
9:07], a court shall have jurisdiction to impose corporal punishment in terms of that
section, not exceeding six cuts, upon a convicted person who has not attained the age
of eighteen years.
(7) Where any enactment provides that for any offence there may be imposed any
forfeiture or confiscation, the court before which such offence is prosecuted may
impose such forfeiture or confiscation in addition to any other penalty.
(8) This section shall not be construed as—
(a) authorizing a court to impose a punishment for any offence which is
greater than may lawfully be imposed for that offence; or
(b) preventing a court from imposing a greater or different punishment for
any offence, if the court is expressly authorized to do so by any enactment.
51 Special jurisdiction as to punishment
(1) Notwithstanding section fifty, the jurisdiction of a court of magistrate, other than a
regional magistrate, in respect of punishment for—
(a) public violence; or
(b) arson; or
(c) malicious injury to property; or
(d) an attempt to commit an offence referred to in paragraph (a), (b) or
(c);
whether on summary trial or remittal by the Attorney-General, shall be—
(i) imprisonment for a period not exceeding seven years;
(ii) a fine not exceeding level eleven.
[amended by Act 22 of 2001, with effect from the 10th September,2002and amended
by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(2) Notwithstanding section fifty, the jurisdiction of a court of a regional magistrate
in respect of punishment for—
(a) public violence, arson, malicious injury to property or an attempt to
commit any such offence; or
[amended by Act 8 of 2001,with effect from 17th August, 2001.]
(b) robbery or attempted robbery, if the court finds in terms of subsection
(3) that aggravating circumstances were present;
whether on summary trial or remittal by the Attorney-General, shall be—
(i) imprisonment for a period not exceeding twelve years;
(ii) a fine not exceeding level thirteen.
[amended by Act 22 of 2001, with effect from the 10th September,2002., and
amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th
January,2003 - with retrospective effect , in terms of clause 47- from the 4th
February, 2002 -.Editor.]
(3) A regional magistrate shall find aggravating circumstances to have been present
in relation to an offence specified in paragraph (b) of subsection (2) if it is proved—
(a) that the offender or an accomplice of the offender, whether or not it is
proved which, possessed a firearm or dangerous weapon; or
(b) inflicted or threatened to inflict grievous bodily harm; or
(c) unlawfully killed a person;
on the occasion that the offence was committed, whether before, during or after the
commission of the offence.
(4) Notwithstanding section fifty, the jurisdiction of a regional magistrate in respect
of punishment for a sexual offence, whether on summary trial or remittal by the
Attorney-General, shall be—
(a) imprisonment for a period not exceeding twenty years;
(b) a fine not exceeding level fourteen.
[amended by Act 22 of 2001, with effect from the 10th September,2002 and
amended/inserted/repealed by the General Laws Amendment (No.2) Act 2002
promulgated on the 24th January,2003 - with retrospective effect , in terms of clause
47- from the 4th February, 2002 -.Editor.]
(5) For the purposes of subsection (4)—
“sexual offence” means—
(a) rape or sodomy; or
(b) a contravention of section 3, 4, 5, 6, 8 or 15 of the Sexual Offences
Act [Chapter 9:21]; or
(c) an attempt to commit an offence referred to in paragraph (a) or (b).
[Subsections (4) and (5) inserted by Act 8 of 2001, with effect from 17th August,
2001.]
52 Magistrate may be assisted by assessors
(1) In the case of any summary trial or trial on remittal by the Attorney-General—
(a) a regional magistrate may, subject to the directions of the chief
magistrate and before any evidence has been led, choose to sit with him at the trial as
assessor or assessors any person who is, or any two persons who are, qualified in
terms of section 6 of the High Court Act [Chapter 7:06] to act as assessors in the High
Court; and
(b) any other magistrate may, subject to the approval of the Minister and
before any evidence has been led, choose to sit with him at the trial as assessor or
assessors any person who has, or any two persons who have, in his opinion,
experience in the administration of justice or skill in any matter which may have to be
considered at the trial.
(2) If, in a case remitted by the Attorney-General, the magistrate summons to his
assistance any assessor or assessors to sit with him, then the trial shall,
notwithstanding anything to the contrary in subsection (2) of section 206 of the
Criminal Procedure and Evidence Act [Chapter 9:07] be commenced afresh before
such magistrate and assessor or assessors.
(3) Before the trial the magistrate shall administer an oath to the person or persons
whom he has so called to his assistance that he or they will give a true verdict,
according to the evidence upon the issues to be tried, and thereupon he or they shall
be a member or members of the court, subject to the following provisions—
(a) any matter of law arising for decision at the trial and any question
arising thereat as to whether a matter for decision is a matter of fact or a matter of law
and any question arising thereat as to the admissibility of evidence, shall be decided
by the magistrate and no assessor shall have a voice in any such decision;
(b) the magistrate may adjourn the argument upon any such matter or
question as is mentioned in paragraph (a) and may sit alone for the hearing of such
argument and the decision of such matter or question;
(c) when the magistrate has given a decision in terms of paragraph (a) he
shall give his reasons for that decision;
(d) upon all matters of fact the decision or finding of the majority of the
members of the court shall be the decision or finding of the court:
Provided that when only one assessor sits with the magistrate the
decision or finding of the magistrate shall be the decision or finding of the court if
there is a difference of opinion;
(e) the magistrate shall have the sole responsibility for fixing the sentence
but he may consult the assessor or assessors if he thinks fit.
(4) Where the decision or finding of the court is a decision or finding referred to in
paragraph (d) of subsection (3), the court shall give—
(a) the reasons for that decision or finding; and
(b) the reasons for the decision or finding of the dissenting member of the
court
(5) If any assessor appointed in terms of this section is not a person employed in a
full-time capacity in the Public Service he shall be entitled to a refund of any
reasonable expenditure which he may have necessarily incurred in connection with
his attendance at the trial and to such remuneration for his services as assessor as may
be prescribed in the rules.
53 Incapacity of assessor
(1) If at any time during a trial before a magistrate and an assessor or assessors, an
assessor dies or becomes, in the opinion of the magistrate, incapable of continuing to
act as assessor, the magistrate may, if he thinks fit, with the consent of the accused
and the prosecutor, direct that the trial shall proceed without such assessor.
(2) Where the magistrate has given a direction in terms of subsection (1) the trial shall
proceed as if the assessor concerned had not been called by the magistrate to his
assistance.
(3) If the magistrate does not give a direction in terms of subsection (1), the accused,
unless already released on bail, shall remain in custody and may be tried again, but a
judge or magistrate may in a proper case, as provided in Part IX of the Criminal
Procedure and Evidence Act [Chapter 9:07], release him on bail accordingly and the
magistrate and any assessor who were members of the court before which the accused
was first tried shall not be competent to be members of the court which tries him
again on the same charge.
54 Stopping and conversion of trials
(1) When in the course of a trial, whether or not any evidence has been led, it appears
that the offence is from its nature only subject to the jurisdiction or more proper for
the cognizance of a court of greater jurisdiction, or when the public prosecutor so
requests, the magistrate shall stop the trial and immediately adjourn the case and
remand the accused and submit a report to the Attorney-General, together with a copy
of the record of the proceedings in the case.
(2) If upon the conviction of an accused person upon summary trial or trial on
remittal by the Attorney-General, before sentence is passed, the magistrate is of the
opinion that a sentence in excess of his jurisdiction is justified, he may adjourn the
case and remand the person convicted and submit a report to the Attorney-General,
together with a copy of the record of the proceedings in the case.
55 Imposition or bringing into operation of sentences suspended by High Court
(1) If, upon the conviction of an accused person, before sentence is passed the
magistrate is satisfied, whether on the admission of the convicted person or on
evidence produced by the prosecutor, that—
(a) the convicted person has been previously convicted by the High Court
of an offence and the passing of sentence therefor has been postponed, or the whole
or part of the sentence therefor has been suspended, under section 358 of the Criminal
Procedure and Evidence Act [Chapter 9:07], and
(b) the conviction by the magistrate or the commission of the offence in
question constitutes a breach by the convicted person of any of the conditions of such
postponement or suspension within the period of such postponement or suspension;
the magistrate shall sentence the convicted person for the offence of which he has
convicted him and adjourn the case, and thereupon—
(i) unless he is admitted to bail under Part IX of the said Act, grant a
warrant committing him to prison, there to be detained until brought before a judge of
the High Court to show cause why the sentence so postponed or suspended should not
be imposed or brought into operation or until admitted to bail or liberated in due
course of law; and
(ii) forthwith transmit the record of the proceedings, together with his
reasons for convicting the person concerned, to the registrar and a copy thereof to the
Attorney-General.
(2) Upon receipt of the documents mentioned in subparagraph (ii) of subsection (1),
the registrar shall with all convenient speed lay them before a judge of the High Court
in chambers and, if the judge considers the proceedings to be in accordance with real
and substantial justice, he shall cause the convicted person to be brought before him
in open court, on a date and at a place to be notified by the registrar to the convicted
person and to the Attorney-General, to show cause why the sentence so postponed or
suspended should not be imposed or brought into operation.
56 Local limits of jurisdiction
(1) Subject to subsection (1) of section forty-nine, any person charged with any
offence committed within any province or regional division may be tried by the court
of that province or that regional division, as the case may be.
(2) When any person is charged with an offence—
(a) committed within the distance of five kilometres beyond the boundary
of the province or the regional division; or
(b) committed in or upon any vehicle, including a railway train, on a
journey any part whereof was performed within the province or regional division or
within the distance of five kilometres of the province or the regional division; or
(c) begun or completed within the province or the regional division;
such person may be tried by the court of the province or of the regional division, as
the case may be, as if he had been charged with an offence committed within that
province or that regional division.
(3) A person charged with committing an offence may be tried by any court within
whose jurisdiction any act or omission or event which is an element of the offence
takes place.
(4) A person charged with theft of any property or with obtaining by any offence any
property, or with an offence which involves the receiving of any property by him,
may be tried by any court within the jurisdiction of which he has or has had any part
of the property in his possession.
(5) A person charged with counselling or procuring the commission of an offence, or
with becoming an accessory after the fact to an offence, may be tried by any court by
whom the principal offender might be tried.
(6) Where a person is charged with an offence in terms of any enactment which has
extra-territorial operation and any act, omission or event which is an element of the
offence took place outside Zimbabwe, he may be tried by any court, notwithstanding
the fact that no act, omission or event which is an element of the offence took place in
the province or regional jurisdiction for which that court is established.
(7) Where any court has remanded a prisoner for trial before any other court such
prisoner shall, unless liberated on bail, forthwith be transferred to a prison for trial
before such court.
(8) Where it is uncertain in which of several jurisdictions an offence has been
committed, a person charged with such offence may be tried in any of such
jurisdictions.
(9) Notwithstanding anything in this section, the Attorney-General may, with the
consent of the accused person charged with having committed an offence, cause such
person to be tried for such offence in the court of any province.
(10) Notwithstanding anything in this section, subsections (6), (7) and (8) of section
95 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis
mutandis, in respect of the trial of any person by any court.
57 Review
(1) When any court sentences any person—
(a) to be imprisoned for any period exceeding twelve months; or
(b) to pay a fine exceeding level six;
[amended by Act 22 of 2001, with effect from the 10th September,2002.]
the clerk of the court shall forward to the registrar, not later than one week next after
the determination of the case, the record of the proceedings in the case, together with
such remarks, if any, as the magistrate may desire to append:
Provided that—
(i) where any of the evidence in the case has been taken down in
shorthand writing or recorded by mechanical means, it shall, unless the magistrate
otherwise directs, be a sufficient compliance with this subsection if the clerk of the
court forwards to the registrar the manuscript notes of such evidence made by the
magistrate in accordance with rules;
(ii) this subsection shall not apply in relation to any person—
(a) who is represented by a legal practitioner;
(b) which is a company as defined in the Companies Act [Chapter 24:03];
unless within three days after the determination of the case the legal practitioner of
the accused or the person representing the company in terms of subsection (2) of
section 385 of the Criminal Procedure and Evidence Act [Chapter 9:07], as the case
may be, in terms of subsection (2) requests the clerk of the court to forward the case
on review.
(2) A request made in terms of proviso (ii) to subsection (1) shall be—
(a) made in writing; and
(b) accompanied by a brief statement of the reasons for the request;
and the magistrate shall comment upon the reasons referred to in paragraph (b) before
the record of the proceedings is forwarded, together with such comments, in terms of
subsection (1).
(3) The accused person in any criminal case in which the court has imposed a
sentence which is not subject to review in the ordinary course in terms of subsection
(1) may, if he considers that such sentence is not in accordance with real and
substantial justice, within three days after the date of such sentence, in writing,
request the clerk of the court to forward the record of the proceedings in terms of
subsection (1) and the clerk of the court shall thereupon deal with the matter in terms
of subsection (1) as if the case were subject to review in the ordinary course.
Provided that this subsection shall not apply in relation to any person referred to in
proviso (ii) to subsection (1).
(4) The registrar shall with all convenient speed lay papers forwarded to him in terms
of this section before a judge of the High Court in chambers for review in accordance
with the High Court Act [Chapter 7:06].
58 Scrutiny of certain cases not falling within section 57(1)
(1) Where any court, other than the court of a regional magistrate, sentences any
person—
(a) to be imprisoned for any period exceeding three months but not
exceeding twelve months; or
(b) to pay a fine exceeding level four but not exceeding level six;
[amended by Act 22 of 2001, with effect from the 10th September,2002.]
the clerk of the court shall forward to a regional magistrate, not later than one week
next after the determination of the case, the record of the proceedings in the case
together with such remarks, if any, as the magistrate may desire to append:
Provided that—
(i) where any of the evidence in the case has been taken down in
shorthand writing or recorded by mechanical means, it shall, unless the magistrate
otherwise directs, be a sufficient compliance with this subsection if the clerk of the
court forwards to the regional magistrate the manuscript notes of such evidence made
by the magistrate in accordance with the rules;
(ii) this subsection shall not apply in relation to—
(a) any person—
(i) who is represented by a legal practitioner; or
(ii) which is a company as defined in the Companies Act [Chapter 24:03];
(b) any person who has made a request in terms of subsection (3) of
section fifty-seven;
(c) a conviction and sentence in terms of subsection (1) of section 356 of
the Criminal Procedure and Evidence Act [Chapter 9:07].
(2) Where the manuscript notes of any evidence are forwarded to a regional
magistrate in terms of proviso (i) to subsection (1) the regional magistrate may direct
that the record of such evidence taken down in shorthand writing or recorded by
mechanical means be transcribed and that a transcription thereof be forwarded to him.
(3) The regional magistrate shall, as soon as possible after receiving the papers
referred to in subsection (1), upon considering the proceedings—
(a) if he is satisfied that the proceedings are in accordance with real and
substantial justice, endorse his certificate to that effect upon the proceedings which
shall then be returned to the court from which they were transmitted;
(b) if it appears to him that doubt exists whether the proceedings are in
accordance with real and substantial justice, cause the papers to be forwarded to the
registrar, who shall lay them before a judge of the High Court in chambers for review
in accordance with the High Court Act [Chapter 7:06].
59 Accused’s right to submit statement on review
In any criminal case which is subject to review in terms of section fifty-seven the
accused person may, if he thinks the sentence passed upon him is excessive, deliver
to the clerk of the court within three days after the date of such sentence any written
statement of arguments setting out the grounds or reasons upon which he considers
such sentence excessive, which statement or arguments shall be forwarded with the
proceedings of the case to the reviewing judge and shall be taken into account in the
review of the proceedings.
60 Appeal from magistrates courts in criminal cases
(1) Subject to this section and any other enactment, any person who is convicted of
any offence by a court may appeal to the High Court against the conviction and
additionally, or alternatively, any sentence or order of the court following upon the
conviction.
(2) . . . . . .
(3) A person who is convicted of any offence by a court and who is discharged after
conviction in terms of any provision of the Criminal Procedure and Evidence Act
[Chapter 9:07] may appeal against such conviction to the High Court.
(4) Any person who has been convicted by a court but sentenced by a judge of the
High Court in terms of Part IX of the Criminal Procedure and Evidence Act [Chapter
9:07] may appeal to the Supreme Court against such conviction or any sentence
imposed upon him or any order of court following upon such sentence as though he
had been both convicted and sentenced in the High Court.
61 Attorney-General may appeal to High Court on point of law or against
acquittal
If the Attorney-General is dissatisfied with the judgment of a court in a criminal
matter—
(a) upon a point of law; or
(b) because it has acquitted or quashed the conviction of any person who
was the accused in the case on a view of the facts which could not reasonably be
entertained;
he may, with the leave of a judge of the High Court, appeal to the High Court against
that judgment:
Provided that the person who was the accused in the case shall have the right, should
he so desire, at his own expense to appear in person or to be legally represented or a
judge of the High Court may order that such representation shall be defrayed out of
moneys appropriated for the purpose by Act of Parliament.
62 Attorney-General may appeal to High Court against sentence
(1) If the Attorney-General considers that the sentence imposed in any criminal case
by a court is—
(a) incompetent in law, he may appeal to the High Court against that
sentence; or
(b) inadequate—
(i) in the light of the findings of fact made by the court and the nature of
the charge; or
(ii) because it was based on findings of fact for which there was no
evidence or on a view of the facts which could not reasonably be entertained;
he may, with the leave of a judge of the High Court, appeal to the High Court against
that sentence.
(2) Where an offender has been discharged with a caution or reprimand such offender
shall, notwithstanding anything in any law, be deemed for the purposes of this
section, to have been convicted and sentenced.
63 Execution of sentence of imprisonment, fine or community service not
suspended pending review or appeal unless bail granted
The execution of any sentence of imprisonment or a fine or community service shall
not be suspended by—
(a) the transmission of or the obligation to transmit the record of the
proceedings in the case for review in terms of section fifty-seven or for scrutiny by a
regional magistrate in terms of section fifty-eight; or
(b) the noting of an appeal referred to in section sixty;
unless—
(i) in the case of imprisonment or fine , bail is granted by a judge or
magistrate in terms of section 123 of the Criminal Procedure and Evidence Act
[Chapter 9:07]; or
(ii) in the case of community service , an application is granted by the
magistrate to suspend the operation of the sentence pending determination of the
appeal.
[amended by Act 9 of 2003, with effect from the 5th March ,2004.]
64 Execution of corporal punishment suspended pending appeal
(1) The punishment of a moderate correction of whipping referred to in section 353 of
the Criminal Procedure and Evidence Act [Chapter 9:07] shall not, where an appeal is
noted before its execution, be executed until the appeal has been determined or
abandoned or is deemed to have been abandoned.
(2) Notwithstanding subsection (1), corporal punishment in terms of section 353 of
the Criminal Procedure and Evidence Act [Chapter 9:07] may be executed before the
expiry of the period referred to in subsection (1), if the person sentenced to such
punishment has given written notice to the registrar of the High Court or the clerk of
the appropriate magistrates court that he wishes the sentence to be carried out without
further delay and that he does not intend to appeal or intends to abandon his appeal as
the case may be.
(3) Where the person sentenced to receive the punishment of whipping referred to in
subsection (1) is not also sentenced to be imprisoned for such period as allows time
for the provisions of that subsection to be satisfied, he shall, unless he is granted bail
in terms of section 123 of the of the Criminal Procedure and Evidence Act [Chapter
9:07], be detained in custody until that subsection is so satisfied.
PART V
GENERAL
65 Legal representation
Subject to this Act and except as otherwise provided in any other law—
 (a) in any civil proceedings before a court, the parties may appear in
person or be represented by a legal practitioner;
(b) in any criminal proceedings, the person who is the subject of the
proceedings may appear in person or be represented by a legal practitioner.
66 Amendment of plaint or summons. Costs
(1) In any civil proceedings before any court it shall be lawful for such court before or
at the hearing to amend any plaint or summons or other document forming part of the
record:
Provided that—
(i) no application for amendment shall be granted except on terms which
can cause no prejudice to the opposite party in the conduct of his case;
(ii) such amendment shall be made upon such terms as to costs as the
court considers reasonable.
(2) No misnomer in regard to the name of any person or any place shall vitiate any
summons or other writ or plaint or proceeding in the case where the person or place is
therein described so as to be commonly known.
67 Examination of witnesses by interrogatories
(1) When any witness in any civil case brought in any court resides or is in a province
other than that under the jurisdiction of that court, the court in which the action is
brought, should it appear to be for the convenience of the witness and to be consistent
with the ends of justice, may, upon the request of either party and after hearing the
other party, frame or approve of such interrogatories as either party desires to have
put to such witness and forward them, together with the reasonable expenses of the
witness which shall be advanced by the party desiring his examination, to the
magistrate of the province within which the witness resides or is.
(2) The magistrate referred to in subsection (1) shall thereupon summon the witness
to appear in his court, and upon his appearance shall—
(a) take his evidence in manner and form as if a witness in a case heard
before him; and
(b) put to the witness the interrogatories referred to in subsection (1) and
all other questions calculated to obtain full and true answers to the interrogatories;
and
(c) take down or cause to be taken down in writing the evidence; and
(d) transmit the same, certified as correct, to the court from whom the
interrogatories were received;
and such evidence, subject to all lawful objections, shall be received as evidence in
the case before the magistrate referred to in subsection (1).
68 Commission de bene esse
Any court in any civil case where it may be necessary or expedient and consistent
with the ends of justice so to do, may appoint a fit and proper person to be a
commissioner to take the evidence of any witness upon application of any one of the
parties, of which application due notice shall have been given to the other party, and
the evidence so taken, subject to all lawful exceptions, shall be received as evidence
in such case.
69 Administration of oath
The oath to be taken by any witness in any proceedings, whether civil or criminal, in
any court shall be administered by the officer presiding at such proceedings or by the
prosecutor or the clerk of the court in the presence of the said officer or, if the witness
is to give his evidence through an interpreter, by the said officer through the
interpreter or by the interpreter in the said officer’s presence.
70 Interpleader proceedings where third parties claim goods taken in execution
(1) If any claim is made to or in respect of any movable property taken in execution
under the process of any court or to or in respect of the proceeds or value thereof, by
any person not being the party against whom such process was issued, the clerk of the
court issuing such process shall, upon the application of the messenger, as well before
as after any action brought against him, issue an interpleader summons calling before
the court as well the party suing out such process as the party making such claim,
which summons shall be in the form prescribed in rules.
(2) On the issue of any interpleader summons in terms of subsection (1) any action
which has been brought in any other court whatsoever in respect of such claim shall
be stayed and the court in which such action has been brought, or any judge or
judicial officer thereof, on proof of the issue of such summons, may order the party
bringing such action to pay the costs of all proceedings had upon such action after the
issue of the interpleader summons.
(3) The court issuing any interpleader summons in terms of subsection (1) shall
adjudicate upon the claim and make such order between the parties in respect thereof
and of the costs of the proceedings as to the court seems just and lawful, and such
order shall be deemed to be a judgment of the court and shall be enforced and may be
appealed from in like manner as any other judgment.
71 Contempt of court
(1) If any person, whether in custody or not—
(a) wilfully insults the magistrate during his sitting in court or any clerk
or messenger or other officer of any court during his attendance therein; or
(b) wilfully interrupts the proceedings of or otherwise misbehaves in
court; or
(c) being a witness, refuses to answer any legal question relative to the
matter in issue;
it shall be lawful for any police officer or private person by order of the magistrate to
take such offender into custody and detain him until the rising of the court, and the
magistrate may by warrant under his hand impose on the offender a fine not
exceeding level three or commit him to prison for a period not exceeding one month,
or impose such a fine on him and commit him to prison for such a period.
[amended by Act 22 of 2001, with effect from the 10th September,2002.]
(2) Where any magistrate commits or fines any person in terms of subsection (1) he
shall without delay transmit to the registrar for the consideration of a judge of the
High Court in chambers a statement certified by such magistrate to be true and correct
of the grounds and reasons for his action, and shall also furnish to the person
convicted a copy of such statement so certified by him.
(3) If any person wilfully disobeys or neglects to comply with an order of a
magistrate issued under the powers conferred upon him by this Act, the magistrate
may by warrant signed by him impose on the offender a fine not exceeding level five
or commit him to prison for a period not exceeding six months, or both impose such a
fine on him and commit him to prison for such a period.
[amended by Act 22 of 2001, with effect from the 10th September,2002.]
Provided that an appeal shall lie to the High Court against such order or warrant of
commitment, as in the case of an appeal under section sixty, and that section shall
apply, mutatis mutandis, to any such appeal.
72 Obstruction of messenger and other offences
Any person who—
(a) obstructs a messenger in the execution of his duty; or
(b) being aware that goods are under arrest, interdict or attachment by the
court, makes away with, conceals, destroys, injures or receives those goods or
disposes of those goods in any manner not authorized by law, or knowingly permits
those goods, if in his possession or under his control, to be made away with,
concealed, destroyed, injured or disposed of in any such manner; or
(c) being a judgment debtor and being required by a messenger to point
out property to satisfy any warrant issued in execution of judgment against any such
person, either—
(i) falsely declares to such messenger that he possesses no property or
not sufficient property to satisfy the warrant; or
 (ii) although owning property, neglects or refuses to point out the same;
or
(d) being a judgment debtor, refuses or neglects to comply with any
requirement of a messenger in regard to the delivery of documents in his possession
or under his control relating to the title of the immovable property under execution; or
(e) being a judgment debtor and having been lawfully arrested by a
messenger and being in lawful custody but not yet having been lodged in any prison,
escapes or attempts to escape from such custody;
shall be guilty of an offence and liable to a fine not exceeding level five or, in default
of payment, to imprisonment for a period not exceeding six months.
[amended by Act 22 of 2001, with effect from the 10th September,2002.]
73 Rules of court
The Minister may make rules relating to any of the following matters in respect of
magistrates courts—
(a) the manner and form of procedure;
(b) all matters relating to the manner and form of procuring and adducing
evidence;
(c) securing the attendance of witnesses and the production of books,
papers or documents, and penalties for non-attendance and non-production of such
books, papers or documents;
(d) the authentication of documents executed outside Zimbabwe;
(e) the manner of service;
(f) the granting of summary judgment;
(g) the records to be kept;
(h) when and how security shall be given;
(i) the discovery of documents;
( j) payment into court, whether as a tender or as an offer of settlement, or
to abide the result of interpleader proceedings;
(k) the manner of executing judgments;
(l) the procedure for appeals in terms of subsection (3) of section
seventy-four from decisions of assistant magistrates;
(m) dismissal for want of prosecution;
(n) the duties of officers of the court;
(o) taxation of bills of costs;
(p) the forms to be used, including, unless otherwise provided for under
any other enactment, the forms to be used in connection with the powers to be
exercised by magistrates and magistrates courts under this Act or any other
enactment;
(q) conditions as to payment of costs, fees and charges and otherwise
upon which persons may be allowed to sue and defend as paupers;
(r) the fees and charges to be taken by officers and legal practitioners;
(s) generally to give effect to the jurisdiction conferred upon magistrates
courts by any enactment;
(t) the fixing of a scale of expenses payable to witnesses;
(u) the remuneration, refunds and allowances payable to assessors;
(v) in relation to criminal cases—
(i) summonses and charge-sheets, including the particulars which, for the
purpose of section 146 of the Criminal Procedure and Evidence Act [Chapter 9:07],
shall be deemed sufficient to set forth the offences specified therein;
(ii) the forms of complaints, depositions, judgments, records, convictions,
warrants, recognizances and other documents;
(iii) the sittings of courts for criminal purposes;
(iv) the proceedings of criminal trials;
(v) generally, any other matter which he considers expedient for carrying
the criminal law, practice and procedure into effect;
 (w) anything which, in terms of this Act or any other enactment, is
required or permitted to be prescribed in such rules.
74 Transitional provision: assistant magistrates
(1) Any person who, immediately before the 25th March, 1993, was a presiding
officer of a community court established in terms of the Customary Law and Primary
Courts Act, 1981 (No. 6 of 1981), shall be deemed to have been appointed in terms of
section seven to hold magisterial office with the grade of assistant magistrate.
(2) Notwithstanding any other provision of this Act, a court presided over by an
assistant magistrate referred to in subsection (1) shall not have jurisdiction—
(a) in any criminal case; or
(b) in any civil case in which customary law does not apply.
(3) Notwithstanding any other provision of this Act—
(a) an appeal shall lie from a decision of an assistant magistrate referred
to in subsection (1) to the provincial magistrate for the province in which the court of
the assistant magistrate is situated; and
(b) a provincial magistrate may, in relation to judgments and orders of
assistant magistrates referred to in subsection (1) whose courts are situated within his
province, exercise the same powers as he may exercise in terms of section 25 of the
Customary Law and Local Courts Act [Chapter 7:05], in relation to judgments and
orders of local courts within his province.
(4) Subsection (1) shall not be construed as preventing as assistant magistrate referred
to therein from being appointed in terms of section seven as a magistrate of any other
grade.

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