[March 21, 2020] Sabbatical update: For obvious reasons, I am home, and not in Africa. Thanks to my wife who booked my return journey from Windhoek to Boston. Stay tuned for a return to normalcy. Meanwhile, #QuarantineLife.

Saturday, March 21, 2020

Customary law undergirds justice systems in Africa: A-courting in Harare

Outside the "Harare Civil Court" buildings, a discarded sign reads, "Harare Magistrate's Court / Civil and Customary Law." Other court building in Harare are pictured below. All photos RJ Peltz-Steele CC BY-SA 4.0.
The integration of customary law into national legal systems based on post-colonial polities is a challenge, and an opportunity, throughout Africa. I wrote recently about customary legal authority in the Casamance region of Senegal, and Zimbabwe is no exception to the norm.

The Zimbabwe constitution expressly preserves customary law, and federal enactments spell out the scope of customary law in sensitive areas, such as marriage and child care. The constitution creates customary courts and charges other courts, including the Supreme Court, with respecting and developing customary law, just as they do common law. For NYU Law GlobaLex, Saki and Chiware (updated by Pfumorodze and Chitsove, 2017) further explained:
The main reason for the existence of these customary law courts is to provide a justice system to ordinary people in rural areas which is consistent with African custom and values.  It is  realized that most ordinary Zimbabweans regulate their lives in accordance with customary law to the extent that the legal ideas and institutions inherited from the system has  preserved the authority of traditional leaders  to adjudicate in civil disputes by customary law.
In Zimbabwe, customary courts have jurisdiction over civil, but not criminal, matters. Common law controls in the civil sphere, while criminal law is strictly codified in Zimbabwe's mixed system.
Scales of justice adorn a high court building where criminal cases are heard.
Jehovah's Witnesses occupy the walk outside the characteristically modest legal aid office.

Your humble blogger stands before the highest court('s house) in the land.
Constitutional Court.





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