Alternative Dispute Resolution and Section 174 of the Zimbabwean Constitution

The recognition of Alternative Dispute Resolution within Zimbabwe’s legal framework is rooted in the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (Constitution) which recognizes the establishment, composition and jurisdiction of tribunals for arbitration, mediation and other forms of alternative dispute resolution in Zimbabwe.

Section 174(d) of the Constitution recognizes the existence of tribunals for arbitration, mediation and other forms of alternative dispute resolution as part of the overall structure of dispute resolution in Zimbabwe. The Harare High Court in Medical and Dental Practitioners Council of Zimbabwe v Chikwava 2016 (1) ZLR 776 (H) 784 held that:

“By making specific mention of “tribunals for arbitration mediation and other forms of alternative dispute resolution” as bodies for which an Act of Parliament may provide for the “establishment, composition and jurisdiction” thereof, what s 174 does is to constitutionally recognise such bodies as part of the overall structure of dispute resolution, albeit distinct from the courts. Theses bodies that the Constitution now effectively mainstreams under courts and other tribunals through Acts of Parliament and indeed may continue to do so, were already in existence under various Acts prior to the promulgation of the current Constitution.”