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Periodical article | Leiden University catalogue | WorldCat |
Title: | Customary law courts restructured once again: chiefs and headman regain their judicial functions |
Author: | Ncube, W. |
Year: | 1989 |
Periodical: | The Zimbabwe Law Review |
Volume: | 7-8 |
Pages: | 9-17 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Zimbabwe Southern Africa |
Subjects: | legal reform customary courts law customary law judicial power |
Abstract: | After the attainment of independence in April 1980, the colonial judicial administration of headmen, chiefs and Native Commissioners in Zimbabwe, which had been primarily responsible for the administration of customary law, was abolished. In its place a new court system of primary courts, made up of village and community courts, was established. Ten years after independence these primary courts are being abolished and replaced by headmen and chiefs' courts. Why is the judicial role of headmen and chiefs being restored? What is the legal significance and what are the implications of the restoration of the judicial functions of colonial institutions? In dealing with these questions, this article first discusses the judicial and administrative roles played by chiefs and headmen within the colonial structures of Rhodesia. Then it compares the judicial functions of the village and community courts with those of the new local courts presided by headmen and chiefs. It shows that the new local courts have no jurisdiction in customary law matters such as maintenance, custody, guardianship and divorce claims. All these matters now fall within the jurisdiction of the magistrates' courts, which are very formal courts whose procedures are complex. The only meaningful case left to be heard by the headmen's and chiefs' courts is that of adultery. Notes, ref. |