Zimbabwe Lawyers for Human Rights

PROCEDURE FOR NOTING AN APPEAL AGAINST THE MAGISTRATE’S DECISION

The procedure for filing an appeal is relatively simple but will be time consuming. Remember that you only have seven days from the date of the decision so please act quickly.

1.   The first step is to fill in the attached appeal form (you will need to fill in eleven copies of this). The grounds of appeal are the same grounds that are being used in the High Court in the matters referred straight to the High Court and we feel that they are comprehensive. However if you wish to add any other ground, please do as the form is merely a guide. Remember to fill in your name and the EA number you will have received with your objection. 

2.  Fill in the draft letter as well (i.e. the one that requests the magistrate to give you the reasons for his judgement).

3.  Then you take the Notice of appeal to the High Court where it will be issued by the Registrar of the High Court. This means that he will stamp it, give you a High court case number and open a file. He will keep one copy. 

4.  You will then take the (10) stamped copies to the Clerk of Court, Rotten Row where you will have to pay $ 100 security for costs, and attach a $37.50 revenue stamp (these can be bought at the Post Office). At the same time you will have to hand in the letter which requests the magistrate’s reasons for his decision, with a $10 revenue stamp. Get a stamped copy of the letter as proof.  The clerk of court will then stamp your notice of appeal and give it another number. He will keep 8 copies and you will be given two stamped copies. 

5.  You will then take the notice of appeal to the Constituency Registrar (where you originally filed your appeal to the notice of objection) and serve a copy on him (have it stamped as proof of service).

6.  Once this has been done you will have to pester the Magistrates Court until you are given the reasons for the judgement and the record has been prepared. Once these two things have been done and the record has been transmitted to the High Court you will receive notice from the Registrar of the High Court. 

7.  You will then write to the Registrar of the High Court and request a hearing date, and indicate to him that the hearing is likely to take a day.

GOOD LUCK!!!!!!!!!!!!