Zimbabwe’s Constitution of 2013 with Amendments through 2017
Article 164. 1. The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice. 2. The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore– a. neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts; b. the State, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness and to ensure that they comply with the principles set out in section 165. 3. An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them. 4. Nothing in this section is to be construed as preventing an Act of Parliament from vesting functions other than adjudicating functions in a member of the judiciary, provided that the exercise of those functions does not compromise the independence of the judicial officer concerned in the performance of his or her judicial functions and does not compromise the independence of the judiciary in general.
Judicial Council or Parallel Institution
Article 182. Appointment of magistrates and other members of judiciary. An Act of Parliament must provide for the appointment of magistrates and other judicial officers other than judges, but– a. magistrates must be appointed by the Judicial Service Commission; b. judicial officers other than magistrates or judges must be appointed with the approval of the Judicial Service Commission; c. all such appointments must be made transparently and without fear, favour, prejudice or bias.
Article 189. 1. There is a Judicial Service Commission consisting of– a. the Chief Justice; b. the Deputy Chief Justice; c. the Judge President of the High Court; d. one judge nominated by the judges of the Constitutional Court, the Supreme Court, the High Court, the Labour Court and the Administrative Court; e. the Attorney-General; f. the chief magistrate; g. the chairperson of the Civil Service Commission; h. three practising legal practitioners of at least seven years’ experience designated by the association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe; i. one professor or senior lecturer of law designated by an association representing the majority of the teachers of law at Zimbabwean universities or, in the absence of such an association, appointed by the President; j. one person who for at least seven years has practised in Zimbabwe as a public accountant or auditor, and who is designated by an association, constituted under an Act of Parliament, which represents such persons; and k. one person with at least seven years’ experience in human resources management, appointed by the President. 2. The Chief Justice or, in his or her absence, the Deputy Chief Justice presides at meetings of the Judicial Service Commission, and in the absence of both of them at any meeting the members present elect one of their number to preside at the meeting. […]
Attorney General’s Office
Article 259. Prosecutor-General and other officers 1. There is a Prosecutor-General who is the head of the National Prosecuting Authority. 2. The office of the Prosecutor-General is a public office but does not form part of the Civil Service. 3. The Prosecutor-General is appointed by the President on the advice of the Judicial Service Commission following the procedure for the appointment of a judge. […]