Section 181: Acting judicial appointments
Constitution of Zimbabwe
(1) If the office of Chief Justice is vacant or if the office-holder is unable to perform the functions of the office, the Deputy Chief Justice acts in his or her place, but if both offices are vacant or both office-holders are unable to perform their functions, the next most senior judge of the Constitutional Court acts as Chief Justice.
(2) If the office ofโ
(a) Judge President of the High Court;
(b) senior judge of the Labour Court; or
[Paragraph substituted by s. 7 of Act No. 10 of 2017]
(c) senior judge of the Administrative Court;
[Paragraph substituted by s. 7 of Act No. 10 of 2017] is vacant or if the office-holder is unable to perform the functions of that office, the next most senior judge of the court concerned acts as Judge President.
(3) If the services of an additional judge of the High Court, the Labour Court or the Administrative Court are required for a limited period the President, acting on the advice of the Judicial Service Commission, may appoint a former judge to act in that office for not more than twelve months, which period may be renewed for one further period of twelve months.
(4) Persons appointed to act under subsection (3) may continue to sit as judges after their appointments have expired, for the purpose of dealing with any proceedings commenced before them while they were so acting.
Acting Judicial Appointments: Understanding the Succession Plan
This section establishes a clear succession protocol for judicial leadership positions in Zimbabwe. It creates a predictable chain of command when key judicial offices become vacant or when officeholders cannot perform their duties. The provision ensures judicial continuity by automatically elevating the next most senior judge in each court to act in the vacant position.
Notably, subsection (3) provides flexibility by allowing former judges to be temporarily recalled to service when additional judicial capacity is needed, though with strict time limitations to prevent indefinite appointments outside the normal process.