All Constitution Sections

Section 171: Jurisdiction of High Court

Constitution of Zimbabwe

(1) The High Court—

    (a) has original jurisdiction over all civil and criminal matters throughout Zimbabwe;

    (b) has jurisdiction to supervise magistrates courts and other subordinate courts and to

review their decisions;

    (c) may decide constitutional matters except those that only the Constitutional Court may

decide; and

    (d) has such appellate jurisdiction as may be conferred on it by an Act of Parliament.

(2) An Act of Parliament may provide for the exercise of jurisdiction by the High Court and for that purpose may confer the power to make rules of court.

(3) An Act of Parliament may provide for the High Court to be divided into specialised divisions, but every such division must be able to exercise the general jurisdiction of the High Court in any matter that is brought before it.

(4) Rules of court may confer on a registrar of the High Court power in civil cases—

    (a) to make orders in uncontested cases, other than orders affecting status or the custody

or guardianship of children;

    (b) to decide preliminary or interlocutory matters, including applications for directions,

but not matters affecting the liberty of any person; but the rules must give any person affected by the registrar’s order or decision a right to have it reviewed by a judge of the High Court, who may confirm it, amend it or set it aside or give any other order or decision he or she thinks fit.

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AI Insights

Key Insight: The High Court's Comprehensive Role in Zimbabwe's Judicial System

This section establishes the High Court as the backbone of Zimbabwe's judicial system with broad powers that extend throughout the country. While the Constitutional Court handles specialized constitutional matters, the High Court serves as both a court of first instance and a supervisory authority over lower courts. The provision for specialized divisions allows for expertise in different legal areas while maintaining the court's general jurisdiction, ensuring both specialization and flexibility. The ability to delegate certain procedural matters to registrars, with judicial review safeguards, helps improve court efficiency while protecting fundamental rights.