Law Development Commission Act [Chapter 1:02]

LAW DEVELOPMENT COMMISSION ACT

Act 8/1987.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
2. Interpretation.
3. Establishment of Law Development Commission.
4. Constitution of Commission.
5. Objects of Commission.
6. Powers and duties of Commission.
7. Period and conditions of tenure of members.
8. Termination of membership.
9. Resignation of members.
10. Validity of decisions and acts of Commission.
11. Reference of matters to Commission.
12. Meetings of Commission.
13. Committees of Commission.
14. Reports of Commission.
15. Appointment of staff.
16. Financial provisions.
17. Publication of programmes and references. SCHEDULE: Powers of Commission.

AN ACT to provide for the establishment of the Law Development Commission in order to promote the development and reform of the law of Zimbabwe; and to provide for matters connected with or incidental to the foregoing .

[Date of commencement: 1st November, 1988.]

1 Short title

This Act may be cited as the Law Development Commission Act [Chapter 1:02].

2 Interpretation In this Act—
“Chairman” means the Chairman of the Commission appointed in terms of paragraph (a) of section four;
“codification” means the reduction into writing of any part of the common law by Act of Parliament;
“Commission” means the Law Development Commission established by section three;
“Deputy Chairman” means the Deputy Chairman of the Commission appointed in terms of paragraph (b) of section four;
“law” means the whole or any part of the law of Zimbabwe, including customary law;
“member” means a member of the Commission, including the Chairman and the Deputy 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;
“programme” means a programme of work for any period not exceeding a calendar year setting out in an order of priority matters for the consideration of the Commission in terms of this Act;
“report” means a report made in terms of paragraph (d) of section six, but does not include the annual report of the Commission referred to in subsection (6) of section fourteen; “specified officer” means any member of the Public Service who—
(a) is a magistrate; or
(b) presides over a community court; or
(c) appears for the State in any court or performs any legal work for the State.

3 Establishment of Law Development Commission

There is hereby established a Law Development Commission which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.

4 Constitution of Commission

The Commission shall consist of—
(a) a Chairman, who shall be appointed by the Minister after consultation with the Judicial Service Commission and who shall be a judge of the Supreme Court; and
(b) a Deputy Chairman, who shall be appointed by the Minister after consultation with the Judicial Service Commission and who shall be a person who is or is qualified to be a judge of the Supreme Court or the High Court; and
(c) the Attorney-General; and
(d) the Ombudsman appointed in terms of section 107 of the Constitution; and
(e) the Law Reviser appointed in terms of the Statute Law Compilation and Revision Act [Chapter 1:03]; and
(f ) not fewer than three and not more than seven other members appointed by the Minister of whom the majority shall be persons who—
(i) are or have been or are qualified to be judges of the Supreme Court or the High Court; or (ii) are specified officers; or
(iii) are registered legal practitioners; or
(iv) have experience as lecturers or professors in law at any university.

5 Objects of Commission

Subject to this Act, the objects of the Commission shall be— (a) to promote thedevelopment and reform of the law;