Chapter 7:17

Judicial College Act

Acts 18/1998, 14/2002 (s. 11), 6/2005 (s. 5)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

ESTABLISHMENT AND FUNCTIONS OFJUDICIALCOLLEGE OF ZIMBABWE

3. Establishment of Judicial College of Zimbabwe.
4. Functions and powers of College.
5. Execution of contracts and instruments by College.
6. Annual and other reports of College.

PART III

COUNCIL OF THEJUDICIALCOLLEGE

7. Establishment and membership of Council.
8. Chairman and vice-chairman of Council.
9. Meetings and procedure of Council.
10. Minutes of proceedings of Council.
11. Committees of Council.
12. Validity of decisions and acts of Council.

PART IV

STAFF OF COLLEGE

13. Principal of College.
14. Supporting staff.

PART V

FINANCIALPROVISIONS

15. Funds of College.
16. Financial year of College.
17. Accounts of College.
18. Audit of College’s accounts.

PART VI

TRANSITIONALPROVISIONS

19. Interpretation in Part VI.
20. Transfer of assets to College.
21. Principal and staff of former College transferred to College.

TO establish the Judicial College of Zimbabwe and to provide for its functions; and to provide for matters connected therewith or incidental thereto.

[Date of commencement : 1st September, 1999

PART I

PRELIMINARY

1    Short title and date of commencement

This Act may be cited as the Judicial College Act [Chapter 7:17].

2    Interpretation In this Act

“College” means the Judicial College of Zimbabwe established by section three;

“Council” means the Council of the Judicial College, constituted in terms of section seven;

“member” means a member of the Council, including the chairman and vice-chairman;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Principal” means the person appointed as Principal of the College in terms of section thirteen. PART II

ESTABLISHMENT AND FUNCTIONS OFJUDICIALCOLLEGE OF ZIMBABWE

                       3     Establishment of Judicial College of Zimbabwe

There is hereby established a college, to be known as the Judicial College of Zimbabwe, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of doing anything that a

body corporate may do by law.

                       4     Functions and powers of College

(1) Subject to this Act, the functions of the College shall be—

• to provide training for judges, magistrates, prosecutors, legal practitioners and other officers of court, members of the Police Force and Prison Service, and persons concerned in the administration of justice and the law; and
• to develop skills and knowledge in—
  • forensic matters, and
  • the administration, management and liquidation of estates, companies and bodies corporate; and
  • penology; and
  • the registration of deeds and companies; and
  • court procedures; and
• to gather and publish or otherwise disseminate information relating to the matters referred to in paragraph (a) or (b) and to encourage the exchange of ideas in regard to them; and
• to undertake research into the matters referred to in paragraph (a) or (b) and to publish the results of any such research; and
• to provide consultancy services to the Government and other persons in regard to the matters referred to in paragraph (a) or (b); and
• to do anything which, in the Council’s opinion, is necessary or incidental to any of the functions referred to in paragraphs (a) to (e).

(2) Without derogation from section three, for the better exercise of its functions the College shall have power—

• to purchase, hold, manage and dispose of property of any description; and
• to employ, in consultation with the Minister, persons on such terms and conditions as the Council, with the approval of the Minister, may fix; and

[Paragraph substituted by section 11 of Act 14 of 2002]

• to enter into such contracts and other transactions as the Council considers expedient; and
• to charge fees for services rendered by it; and
• to establish branches and regional offices in such places within Zimbabwe as the Council may determine.

                       5     Execution of contracts and instruments by College

An agreement, contract or instrument approved by the Council may be entered into or executed on the College’s behalf by any person generally or specially authorized by the Council for that purpose.

                       6    Annual and other reports of College

• As soon as possible after the end of the College’s financial year, and in any event not later than six months thereafter, the Council shall submit to the Minister an annual report on the College’s activities during that financial year.
• The annual report submitted in terms of subsection (1) shall be in a form approved by the Minister and shall include a copy of
• the College’s balance sheet; and
• the College’s income and expenditure account; and
• the Comptroller and Auditor-General’s report on the College’s accounts for the financial year concerned.

(3) In addition to the annual report referred to in subsection (1), the Council—

• shall submit to the Minister any other report, and provide him with any other information, that he may require in regard to the College’s operations, undertakings and property; and
• may submit to the Minister any other reports that the Council considers desirable.

(4) The Minister—

• shall forthwith lay before Parliament every annual report submitted to him in terms of subsection (1); and
• may lay before Parliament any report submitted to him by the Council in terms of subsection (3).

PART III

COUNCIL OF THEJUDICIALCOLLEGE

                       7     Establishment and membership of Council

(1) Subject to this Act, the operations of the College shall be controlled by a council, to be known as the Council of the Judicial College, which shall consist of—

• the Chief Justice of Zimbabwe; and
• the Judge President of the High Court; and
• the Attorney-General; and
• the Secretary of the Ministry for which the Minister is responsible; and
• the Chief Magistrate appointed in terms of paragraph (a) of subsection (3) of section 7 of the Magistrates Court Act [Chapter 7:10]; and
• the Registrar of the High Court referred to in paragraph (a) of subsection (1) of section 55 of the High Court Act [Chapter 7:06]; and
• the Master of the High Court referred to in section 3 of the Administration of Estates Act [Chapter 6:01]; and
• the Chief Registrar of Deeds referred to in section 4 of the Deeds Registries Act [Chapter 20:05]; and
• the Director of Public Prosecutions referred to in section 7 of the Criminal Procedure and Evidence Act [Chapter 9:07]; and
• not more than three other members appointed, subject to subsection (2), by the Chief Justice.

(2) Members appointed in terms of paragraph (j) of subsection (1)—

• shall hold office for such period, not exceeding three years, as may be fixed by the Chief Justice on their appointment; and
• shall be eligible for reappointment.

                       8    Chairman and vice-chairman of Council

• The Chief Justice shall be the chairman of the Council and the Judge President of the High Court the vice-chairman.
• The vice-chairman of the Council shall perform the functions of the chairman whenever the chairman is unable to do so.