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Service Bill, 2006 (H.B. 7, 2006)
Gazetted Friday 09 June, 2006
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Service Bill, 2006
The purpose of
this Bill is to make further provisions for the Judicial Service
Commission; to constitute the Judicial Service as a service outside
the Public Service; and to provide for the administration and conditions
of service of its members. In more detail the individual clauses
of the Bill provide as follows:-
Clause 1 sets out the Bill's short title and
provides for it to come into operation on a date to be fixed by
the President by statutory instrument.
2 contains definitions of terms used throughout the Bill.
Part constitutes the Judicial Service.
In addition to
its function under the Constitution, the functions of the Commission
shall be to appoint members of the Judicial Service whether as permanent
members or on contract or otherwise; and to fix their conditions
of service; to inquire into and deal with complaints made by members
of the Judicial Service.
This Part deals with the administration of Judicial Service.
The Department of administration will be headed by Secretary of
the Commission. Clause 8 empowers the Commission
to engage persons under contract as members of the Judicial Service.
Clause 9 provides that members of the Judicial
Service engaged otherwise than on contract must undergo a probationary
period. Clause 10 provides for the appointment
and functions of the Secretary of the Commission. Clause
11 provides for regular consultations on conditions of
service with associations or organisations representing members
of the Judicial Service. Clause 12 provides for
the secondment and deployment of members of the Judicial Service.
Part provides an outline for the procedure to be followed in connection
with the discipline of members of the Judicial Service. This Part
also protects judges, Presidents of Court, Presidents of Labour
Court, Presidents of Tribunal and magistrates from arrest or search
within their chambers or within the precincts of court. Service
regulations made under this Act may prescribe the Judicial Service
employment codes of conduct and ethics.
Part deals with financial provisions of the Judicial Service, the
investment of moneys not immediately required by the Judicial Service
and the audit by the Comptroller and Auditor-General.
24 deals with pension rights of members of the Judicial
Service. Clause 25 empowers the Commission, with
the approval of the Minister, to make service regulations providing
for the conditions of service of members of the Judicial Service.
Clause 27 as read with the Schedule amends Acts
whose provisions will be affected by this Bill. Clause 28
contains transitional provisions.
Service Bill, 2006
Short title and date of commencement.
of Judicial Service.4.
Establishment of Committees.
of Judicial Service Commission.
of Judicial Service
Departments and classification of members of the Judicial Service.
and functions of Secretary of Commission.
re conditions of service of members of Judicial Service.
and deployment of members of Judicial Service.
associations and organisations.
from engaging in any work outside Judicial Service.
of Members of the Judicial Service
Investigation and adjudication of misconduct cases.
of persons presiding over courts from arrest or search in court
to Labour Court.
Funds of Judicial Service.
of moneys not immediately required by Judicial Service.
of Judicial Service.
Pension rights of members of Judicial Service.
not to affect application of certain other laws.
Amendment of Acts.
make further provisions for the Judicial Service Commission; to
constitute the Judicial Service; to establish the Judicial Service
Committees and to provide for their functions; to provide for the
administration and the conditions of service of members of the Judicial
Service employed in the Supreme Court and the High Court and other
courts subordinate to the Supreme Court and the High Court, and
the Office of the Ombudsman; to provide for the transfer of persons
from the Public Service to the Judicial Service; to make consequential
amendments to various Acts; and to provide for matters connected
with or incidental to the foregoing.
section 91(1) and (2) of the Constitution provide as follows-
The functions of the Judicial Service Commission shall be to tender
such advice and do such things in relation to the judiciary as are
provided for by this Constitution or by or under an Act of Parliament.
An Act of Parliament referred to in subsection (1) may confer on
the Judicial Service Commission functions in connection with the
employment, discipline and conditions of service of such officers
and persons employed inž
the Supreme Court, the High Court and other courts subordinate to
the Supreme Court and the High Court; and
the office of the Ombudsman;
are specified in such Act.
WHEREAS it is desirable to make further provisions for the Judicial
Service and for persons employed in connection with the administration
of justice in Zimbabwe:
THEREFORE, be it enacted by the President and the Parliament of
Zimbabwe as follows:-
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