Zimbabwe Dual Legal System

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Zimbabwe`s colonial and legal history, while unique and independent, is closely linked to South Africa`s history of legal and colonial developments. Britain brought ideas of the rule of law to Africa. In 1844, some indigenous Ghanaian chiefdoms accepted British rule in exchange for protection from warring neighbours and accepted British jurisdiction for serious crimes as well as a long-term plan to adapt their customs to British law. When the British officially colonized the chiefdoms, they agreed to accept Indigenous law as part of the dual legal system. But they also added "repugnance clauses" that excluded aspects of Ghanaian customs that the British considered "appalling," "ridiculous," or "useless to the defense of Christian ideals." The ultimate decision-maker of the legal system, the Supreme Court, was headed by a British civil servant. The libraries of most of Zimbabwe`s magistrates` courts are in need of massive modernization. There is a need for new and updated information resources for these tribunals. Currently, the courts rely on book editions that have since been revised. As a result, judges are not aware of developments in the law, particularly in the field of international law. Given the current economic collapse in Zimbabwe, bailiffs are underpaid. This opens the door to corrupt activities within the system. Judges and magistrates are easily bribed to rule in favour of the accused, which is difficult to detect.

Presiding bailiffs simply ignore certain aspects of the procedure and acquit the accused. Judges are not safe at home and they are not transported by the government. As a result, they use public transport, which robs them of the dignity and authority they have before the courts. Their safety is also threatened. Only fair and reasonable wages can guarantee that bailiffs refrain from any sneaky and shady transactions. In considering the July 31 extension, the Concurrent may be asked to rule that the use of the Presidential Powers Act (Temporary Measures), as the President did, to amend the electoral law is unlawful and that the problems related to the amendment of the electoral law and the 30-day registration period remain, making July 31 constitutionally impossible. The Zimbabwean constitution does not require adequate assistance to the accused. On the contrary, Article 18(3)(d) provides that `[e]veryone accused of an offence shall have the opportunity to defend himself or, except in proceedings before the district court, at his own expense, a legal representative of his choice`. Therefore, during the colonial period, Ghanaian traditional courts, presided over by indigenous judges, were allowed to adjudicate matters considered part of indigenous customs on matters such as marriage and inheritance. But in addition to being subject to horror clauses, the supreme decision-maker of the legal system, the Supreme Court, had a British civil servant at the helm. Since, subject to the provisions of this Constitution, persons in Zimbabwe enjoy the fundamental rights and freedoms of the persons referred to in this Chapter and it is the duty of everyone to respect and respect the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall apply for the purpose of protecting those rights and freedoms, Subject to limitations to such protection: the restrictions contained herein to ensure that the exercise by an individual of these rights and freedoms does not adversely affect the public interest or the rights and freedoms of others.

· Anyone who initiates or defends proceedings in small claims court has the right to be assisted in the preparation of their documents by a lawyer attached to the small claims courts. (5) It is the duty of the Partner, constituted by an Act of Parliament representing legal practitioners practising in Zimbabwe, to designate a body containing the names of at least three duly qualified legal practitioners for the purposes of paragraph 4(c) if the President so requests. In addition to the colonial legacy that shapes Ghana`s legal system and constitution, colonial relics can also be seen in other institutional structures that advance the rule of law in Ghana today. For example, successive Ghanaian political and ruling classes since 1957 have used the police as a tool to oppress ordinary Ghanaians. For example, Ghana`s first president, Kwame Nkrumah, used the police to spy on his political opponents, and the police leadership was actively involved in the military coup that overthrew Nkrumah in 1966. The case registration system is mostly manual and often records are in ruins and often shredded and torn apart. There is a need for a computerized system for the registration of cases and their procedures. This system must be managed by a central authority to avoid moderation with recordings by unscrupulous individuals. The following four paragraphs are necessary steps to improve the legal system in Zimbabwe. Like other former British-African colonies, Ghana has a pluralistic legal system that includes British common law, customary law and religious law. The current Ghanaian Constitution, promulgated in 1992, explicitly states that "the common law of Ghana includes the rules of law commonly known as the common law, the rules commonly known as the doctrines of equity, and the rules of customary law, including those established by the Superior Court of Justice." This system existed and became even more comprehensive after British rule over the entire Gold Coast territory was consolidated at the turn of the 20th century. The British metropolis introduced the 1925 constitution, which allowed it to rule Ghanaians legally and control the colony`s financial interests, including Ghana`s vast gold and cocoa deposits, which quickly became a global cash crop during this period.

Despite the British introduction of new constitutions in 1946 and 1954 to appease Ghanaians by granting them certain legislative powers, the metropolis retained full power over the legal systems, police and defence system, and foreign affairs of the colony. In both cases, the case should be referred back to the court within 14 days of the contested decision. The appeal requires the days of the contested decision. The appeal requires the appellant to complete an appropriate form, which can be obtained from the tribunal itself or from a senior industrial relations officer (if the appeal is directed against his decision). The form is easy to complete and does not need to be completed by a lawyer. The form may also be completed on behalf of an employee by a union official. There is no excuse for the government not to invest in the courts and the justice system. It is simply a lack of interest and negligence on the part of the judiciary on the part of the authorities who are trying to maintain the status quo. Improving the system can have negative effects on government, which is often the subject of litigation by its citizens. For example, improving the administrative court would lead to judgments against the government and in favor of citizens. This type of scenario is not desirable for the government and would prefer to maintain the current chaos as it currently works in favor of the government.

The protection of citizens by law is guaranteed by the Constitution. Article 18 provides for the protection of the law and the right to a fair trial within a reasonable time in criminal and civil proceedings. This section is consistent with the provisions of international law. Everyone charged with a criminal offence shall be presumed innocent until proven guilty or pleaded guilty and shall be informed as soon as possible in a language which he understands and specifies the nature of the offence with which he is charged, and shall be given sufficient time to prepare his defence.