NAME: MADYISE ASHLEY
STUDENT NUMBER: 230028
COURSE: CRIMINAL PROCEDURE
YEAR: 2025
QUESTION 1
Describe and analyse the territorial jurisdiction 0f magistrate courts and high
courts in Zimbabwe.
Territorial jurisdiction refers to the geographical area within which a court has
the authority to hear and decide cases.
Magistrate Courts
The magistrate courts in Zimbabwe are organized into various regions and
districts, their jurisdiction is confined to specific geographical areas often
corresponding to urban and rural districts.
Regional magistrate courts are established for specific regional divisions. There
are two regional divisions, the eastern region (centred in Harare) and the western
division (centred in Bulawayo) other magistrate courts are established for specific
provinces.
According to L Madhuku, all magistrate courts have criminal jurisdiction within
the regional division or province for which they are established and in cases they
may try cases that occurs outside it for instance if a person does something outside
Zimbabwe which is a crime under a statute which has extra territorial jurisdiction
effect, any magistrate court can try that crime even if no element of the crime
took place within the courts division or provincei.
High Courts
The High Court of Zimbabwe has a broader territorial jurisdiction that
encompasses the entire country. The high court has full criminal jurisdiction over
all persons and all criminal matters in Zimbabwe. That means that the high court
can try all crimes throughout Zimbabwe and may impose any lawful punishment
on convicted persons for instance the high court sitting in Harare can try persons
for crimes committed in Bulawayo, therefore the high court is based in Harare
and Bulawayo with the ability to conduct circuit courts in other areas to ensure
access to justice across the nation.
QUESTION 2
Discuss and explore the extra-territorial jurisdiction of Zimbabwean Courts.
The extra-territorial jurisdiction of Zimbabwean courts refers to the ability of
these courts to hear and determine cases that occur outside of Zimbabwe’s
territorial boundaries.
In Zimbabwean there are grounds for extra-territorial jurisdiction. The nationality
principle is when Zimbabwean courts may claim jurisdiction over conduct by
Zimbabwean citizens abroad. This principle holds that a state has a jurisdiction
to adjudicate cases involving its nationals irrespective of where the act occurred.
In addition, In Zimbabwe we have the protective principle, this principle allows
for jurisdiction over foreign nationals who commits acts threatening the security
or vital interests of Zimbabwe. For example acts of terrorism or major financial
crimes affecting Zimbabweans or Zimbabwe’s interests could fall under this
principle.
There is also the universality principle, with this principle certain crimes such as
piracy, genocide or crimes against humanity may be prosecuted universally.
Zimbabwean courts could argue jurisdiction based on the universal nature of the
crime, allowing prosecutions regardless of where the crime took place.
Furthermore, In Zimbabwe there is also the Effects doctrine, this allows for
jurisdiction over acts committed outside the territory if they produce substantial
effects within the territory of Zimbabwe, for instance, if a foreign corporations
actions adversely affect Zimbabwean citizens or the economy Zimbabwean
courts might assert jurisdiction.
In conclusion, the extra territorial jurisdiction of Zimbabwean courts is grounded
in a variety of principles and legal frameworks.
Question 3
In this case, Naison has the right to remain silent and not to incriminate himself,
he should be cautious about speaking to the police or making statements without
legal counsel present.
Naison also has the right to be brought before a court promptly after arrest,
typically within 48 hours, to avoid unlawful detention. According to the
constitution section 50(3) it was stated that any person who is brought to court
within the forty-eight hour period must be released immediately unless their
detention has earlier been extended by a competent courtii.
In addition, Naison has the right to counsel, Naison has the right to legal
representation. He should seek a lawyer who can assist him in understanding the
charges against him and represent him in court and Naison also has the right to
challenge detention, if Naison believes that his detention was unlawful due to lack
of warrant, he has the right to challenge this in court
Naison also has the right to be informed of charges, he should be informed of the
specific charges against him in a language he understands, this is important for
him to prepare his defence.
In addition, Naison has the right to a fair trial, he should be presumed innocent
until proven guilty and the burden of proof lies with the prosecution and in this
case Naison also have the right to a fair and public hearing by an impartial
tribunal.
Naison also has a right to apply for bail at his initial remand hearing. The court
will consider whether he poses a flight risk or a danger to the community.
i
Prof L Madhuku
ii
2013 Constitution of Zimbabwe section 50(3)
