Constitutional Court of Zimbabwe

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Constitutional Court of Zimbabwe
Interactive map of Constitutional Court of Zimbabwe
17°49′32″S 31°03′08″E / 17.82552149001522°S 31.052287656318207°E / -17.82552149001522; 31.052287656318207
Established2013
LocationHarare
Coordinates17°49′32″S 31°03′08″E / 17.82552149001522°S 31.052287656318207°E / -17.82552149001522; 31.052287656318207
Composition methodPresidential nomination after consultation with the Judicial Service Commission
Authorised byConstitution of Zimbabwe
Judge term lengthSingle term of no more than 15 years, or until the age of 75
Number of positions7
Websitewww.jsc.org.zw
Chief Justice of Zimbabwe
CurrentlyLuke Malaba
Since27 March 2017
Lead position ends15 May 2026
Deputy Chief Justice of Zimbabwe
CurrentlyElizabeth Gwaunza
Since2018

The Constitutional Court of Zimbabwe is the apex court in all constitutional matters in Zimbabwe. Established under the 2013 Constitution, it is a superior court of record and the final authority on questions of constitutional interpretation and application. Its decisions bind all other courts.[1][2]

The court was created as part of the major judicial reforms introduced by the Constitution of Zimbabwe Amendment (No. 20) Act 2013, which replaced the Lancaster House Constitution. For the first time in the country's history, Zimbabwe has a dedicated constitutional court separate from the Supreme Court.[3]

Under the Lancaster House Constitution (1980) and its numerous amendments, constitutional questions were heard by the Supreme Court as the highest appellate body. There was no specialised constitutional court. The 2013 Constitution, adopted after the Global Political Agreement and extensive public consultation, established the Constitutional Court as the highest court in all constitutional matters (Chapter 8). The court became operational following the harmonised elections of July 2013 and the full commencement of the new Constitution on 22 August 2013.[4]

The creation of the court was intended to strengthen constitutionalism, the rule of law and the protection of fundamental rights. It marked a significant departure from the previous system, in which the executive had frequently amended the constitution to override judicial decisions on rights and land issues.[5]

Composition and membership

The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice and five other judges (seven in total). It is a superior court of record.[6]

Judges are appointed by the President on the advice of the Judicial Service Commission following public interviews and a transparent selection process (as amended by the Constitution of Zimbabwe Amendment (No. 1) Act 2017). Amendment No. 2 (2021) extended the retirement age for Constitutional Court judges from 70 to 75 (or an elected additional five-year term).[7]

As of April 2026 the court is constituted as follows:

  • Chief Justice: Luke Malaba (serving since 27 March 2017; his extended tenure was upheld by the court in 2021).
  • Deputy Chief Justice: Elizabeth Gwaunza
  • Judges: Justices Paddington Garwe, Rita Makarau, Anne-Marie Gowora, Ben Hlatshwayo and Bharat Patel (sworn in as substantive judges of the Constitutional Court).[8]

The court sits as a full bench or in panels depending on the matter.

Jurisdiction

Notable cases

References

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