Civil procedure superior courts zimbabwe course notes

A court of record is a "superior court. Jurisdiction and procedure is defined by statute. Likewise, civil courts and admiralty courts proceed according to statutory law.

Civil procedure superior courts zimbabwe course notes

Protection from deprivation of property Section 16 Protection form arbitrary search or entry Section 17 Provisions to secure protection of law Section 18 Protection of freedom of conscience Section 19 Protection of freedom of expression Section 20 Protection of freedom of assembly and association Section 21 Protection of freedom of movement Section 22 Protection from discrimination on the grounds of race, etc.

Section 23 The Preamble to the Declaration of Rights commerce as follows; Preamble Whereas persons in Zimbabwe are entitled, subject Civil procedure superior courts zimbabwe course notes the provisions of this Constitution, to the fundamental rights and freedoms of the individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons.

The Declaration of Rights has been an essential feature of the Zimbabwean Constitution since Independence. However, the Declaration has been criticized for being too shallow in terms of the few rights it provides for.

Since Independence the few rights enshrined have been amended with the purpose of protecting the state from liability arising from its regular and wanton human Rights abuses. The Declaration omits second generation rights and third generation rights.

The derogation and limitations to rights are too excessive and in some instances taking away the rights totally. Zimbabwe is currently on record for its non-observance of fundamental rights with the state often using drastic measures and unorthodox means to curtail the rights of mankind [11].

Unlike other jurisdiction, Zimbabwe does not have a Human Rights Commission [12]. Hence the only redress for Human Rights abuses can only come from the Superior courts.

At the time of writing of this article a Bill to amend the constitution in order to create a state-run Human Rights Commission had been tabled before parliament.

Zimbabwe has quite a substantial jurisprudence on human rights; however, the jurisprudence is except in a few exceptional cases not as desirable and developed as would be expected in a reasonable democratic society.

Some of the decisions, instead of focusing on the promotion and protection of human rights, seek to shield arbitrary state actions in the guise of national interest. This is done in most cases by focusing on trivial technicalities of procedure instead of focusing on the long term human rights interests of the public.

An example is the Associated Newspapers of Zimbabwe Case [13] where the dirty-hands doctrine was applied unreasonably and unjustifiably in a bid to deny A. Protection of citizens by the law is guaranteed in the constitution.

Section 18 provides for the protection of the law and the right to a fair hearing within a reasonable time in both criminal proceedings and civil proceedings. This section conforms with provisions of international law. Every person who is charged with a criminal offence shall be presumed to be innocent until he has been proven or has pleaded guilty and shall be informed as soon as is reasonably practicable, in a language that he understands and in detail the nature of the offence charged and must be given adequate time for the preparation of his defense.

The section also permits an accused to secure at his expense legal practitioners of his choice, and inter alia, to have access to records of court proceedings in respect of his trial.

Section 24 of the Bill Rights as enshrined in the constitution deals with enforcement of Bill of Rights. If any person alleges that the declaration of Rights has been, is being or is likely to be contravened in relation to him.

In relation to a person who is detained, any other person can apply to Supreme Court on behalf of that particular detainee. Court officials of courts subordinates to the High Court can also refer allegations of contravention of the Bill of Rights to the High Court unless they feel in their opinion doing so would appear frivolous and vexatious.

Civil procedure superior courts zimbabwe course notes

The dilemma with the enforcement of protective provisions as entrenched in the Bill of Rights is the issue of locus-standi. A person will not have locus standi under subsection 1 of section 24, except in respect of detained persons unless he is able to allege that a provision of the declaration of Rights has been or is being or is likely to be contravened in respect of him.

This was held to be the case in United Parties v. Minister of Justice, Legal and Parliamentary Affairs and others [14]. The facts briefly are that, united parties, a political party, had made an application challenging the constitutionality of provisions in the Electoral Act which gave constituency Registrars; the power to deny registration to certain voters.

The political party was held not to have locus standi in judicio to challenge the Electoral Act. The President is the first citizen. A person qualifies for president if he is a citizen of Zimbabwe by birth or by descent, has attained the age of forty years, and is ordinarily resident in Zimbabwe.

The President is elected by voters registered on the common roll, and his term of office is six years. The president has immunity, while in office and shall not be liable to any civil or criminal proceedings whatsoever in any court.

Proceedings for anything done or omitted to be done by the President during his tenure as President can be instituted against a person once they cease to be President. It provides Ministers and Deputy Ministers and a cabinet.A court of record is a "superior court." A court not of record is an "inferior court." “Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law.”.

An Introduction to Zimbabwean Law lovemore madhuku BL (Hons), LLB (Zimbabwe), LLM, PhD (Cantab) Civil trial procedure versus application procedure Civil trial procedure Letter of Demand or restrict the jurisdiction of the Superior Courts Aids to statutory interpretation The Interpretation Act (Chapter ).

Civil procedure in South Africa - Wikipedia

CIVIL PROCEDURE A - 1. INTRODUCTION Overview The Civil Procedure Course is a compulsory semester course undertaken in the first semester of the penultimate year of the LLB degree. The purpose of the course is to introduce students to basic .

Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters).

The legal realm is divided broadly into substantive and procedural law. RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURT OF THE STATE OF DELAWARE. I.

View Document - Arizona Court Rules

SCOPE OF RULES – ONE FORM OF ACTION. Rule 1. Scope and purpose of Rules. These Rules shall govern the procedure in the Superior Court of the State of Delaware with the exceptions stated { -- In all actions upon bills, notes, bonds, or other instruments of.

CIVIL Procedure The Code of Civil Procedure, in essence provides the sequential steps that a person desirous of filing suit in a civil court has to follow. Of Suit / Plaint torosgazete.comtnama 3.

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