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Judicial Service Bill, 2006 (H.B. 7, 2006)
June 09, 2006
Gazetted Friday 09 June, 2006

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Judicial Service Bill, 2006

MEMORANDUM

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:-

Part I
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.

Clause 2 contains definitions of terms used throughout the Bill.

Part II
This 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.

Part III
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 IV
This 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 V
This 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.

Part VI
Clause 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.


Judicial Service Bill, 2006


Arrangement of Sections

PART I
Preliminary

1. Short title and date of commencement.
2. Interpretation.

PART II
Judicial Service Commission

3. Constitution of Judicial Service.4. Establishment of Committees.
5. Functions of Judicial Service Commission.
6. Delegation of functions.

PART III
Administration of Judicial Service

7. Departments and classification of members of the Judicial Service.
8. Persons under contract.
9. Probationary period.
10. Appointment and functions of Secretary of Commission.
11. Consultations re conditions of service of members of Judicial Service.
12. Secondment and deployment of members of Judicial Service.
13. Recognised associations and organisations.
14. Prohibition from engaging in any work outside Judicial Service.

PART IV
Discipline of Members of the Judicial Service

15. Investigation and adjudication of misconduct cases.
16. Freedom of persons presiding over courts from arrest or search in court premises.
17. Codes of conduct.
18. Codes of ethics.
19. Appeals to Labour Court.

PART V
Financial Provisions

20. Funds of Judicial Service.
21. Investment of moneys not immediately required by Judicial Service.
22. Accounts of Judicial Service.
23. Audit of accounts.

PART VI
General

24. Pension rights of members of Judicial Service.
25. Service regulations.
26. Act not to affect application of certain other laws.
27. Amendment of Acts.
28. Transitional provisions.

SCHEDULE: Amendment of Acts.


BILL

To 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.

WHEREAS section 91(1) and (2) of the Constitution provide as follows-

91.(1) 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.

(2) 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

(a) the Supreme Court, the High Court and other courts subordinate to the Supreme Court and the High Court; and

(b) the office of the Ombudsman;

as are specified in such Act.

AND 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:

NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:-

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