Section 166: Constitutional Court
Constitution of Zimbabwe
(1) The Constitutional Court is a superior court of record and consists of—
(a) the Chief Justice and the Deputy Chief Justice; and
(b) five other judges of the Constitutional Court;
(2) If the services of an acting judge are required on the Constitutional Court for a limited period, the Chief Justice may appoint a judge or a former judge to act as a judge of the Constitutional Court for that period.
(3) Cases before the Constitutional Court—
(a) concerning alleged infringements of a fundamental human right or freedom enshrined
in Chapter 4, or concerning the election of a President or Vice-President, must be
heard by all the judges of the Court;
(b) other than cases referred to in paragraph (a), must be heard by at least three judges of
the Court; but an Act of Parliament or rules of the Court may provide for interlocutory matters to be heard by one or more judges of the Court.
(4) Judges or former judges appointed to act under subsection (2) may continue to sit as judges of the Constitutional Court after their appointments have expired, for the purpose of dealing with any proceedings commenced before them while they were so acting.
Insight: The Constitutional Court structure ensures balanced judicial oversight. It requires full bench (all judges) for fundamental rights cases and presidential elections, while allowing smaller panels for other matters. This design balances thorough consideration of critical constitutional issues with efficient handling of routine cases, while providing flexibility through temporary appointments when needed.