AN ACT TO REPEAL KADHI’S COURT ACT, NO. 9 OF 2017 AND ENACT THE KADHI'S COURTS ACT AND PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH ARRANGEMENT OF SECTIONS SECTIONS TITLE, PART ONE, PRELIMINARY PROVISIONS, 1. Short tte and commencement. Interpretation PART TWO. ESTABLISHMENT AND JURISDICTIONS OF KADHI’S COURTS 3. Esublishment of Kachi’s Courts, 4. Seal afthe Cour, 5. Onginal jurisdiction. 6. Tesora jurisdition 7. Appellate jurisdiction, 8. Revision 9, Review. Appeals, Binding nature ofthe decision of the High Cour. resin Kadi in Kedhi's Cour, Law of Peidence2 2». 20. a PART THREE OFFICERS OF THE KADHI'S COURTS Officers ofthe Kadhis Couns Appointnent of Chief Kadhi and Deputy Chet Kai Qualiications of Chist Kadi and Depury Chief Kadi Appointment of Acting Chil Ka Responsibilities of Cviof Kadhi and Deputy Chief Kadhi “Tenure of Chief Kadhi and Depry Chit Kad ‘The Appellate Keds Cour. Kadi of he Regional Kadhi's Court Ka oft Distt Kad’ Cour, Registrar of Kadhi’s Cours, Dats ofthe Registra PART FOUR SETTLEMENT OF DISPUTES Powers ofa Kadh's Court to refer a dispute to setlement Rights of partes o medtion or coveilation. Consdataiy Duration of mediation or conciliation. Cancelation of medion or conciliation. nd of meiaton or coniliton. Registration of settlement agreement.22 40 4 2 8 4a Failure to reach settlement by mediation or conciliation. PART FIVE. FINANCIAL PROVISIONS Budget and funds of he Kadi’s Cours. PARTSIX MISCELLANEOUS PROVISIONS Power of Kadhi's Carts to enforce the fatwa ofthe Grand Matt Powers o make intern order. ‘Notary public and Cemmiasoner froth Confit ofintress. Kadhi's Couns ‘Longue Contempt oi Kid's Cour, Appsaranc of Advoeate, Vai or Agent Imnaity of ofcers of Kadhi's Court Rales Amendment of Scheie Repeal snd savings SCHEDULEACT NO, 8 OF 2023 TASSENT, {DR. HUSSEIN ALI MYINYD, PRESIDENT OF ZANZIBAR AND CHAIRMAN OF ‘THE REVOLUTIONARY COUNCIL 4 Fehwocy. 1m AN ACT TO REPEAL KADHI’S COURT ACT, NO.9 OF 2017 AND ENACT THE KADHI’S COURTS ACT AND PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH ENACTED by the House of Representatives of Zanzibar. PART ONE, PRELIMINARY PROVISIONS Sat ite This Act may be cited as the Kadbi's Cours Act, 2023 and shall come into sdeonme- operation after being assented to by the President and on such date asthe Minister ‘cso. may, by notice published inthe Guzette, appoint. Teli, 2 ln hin At lem he ect other wie ress ‘actual zontributon” means a contribution to the property made directly by @ spouse or on behalf of spouse during the mariage; “Advocate” has a meaning a ascribed o it under the provisions ofthe Advocates ‘Act, No. | of 2020; “agent” means a holder of powers of attomey who appears in a case on behalf of 3 party with eave of the Court “Chic Istice” means the Chief Justice of Zansibar;‘Chief Sadhi" means Chief Kadi appointed under section 15 of this Act, “conciliation” means a method of resolving disputes that involves the parties themselves with the aid of third party as an advise, ““Constution” means the Constitution of Zanzibar of 1984; “Islamic Sharia” means the legal system of Islam based on Qur-an, Hadith, Tas, Qiyas and other sources of Islamic Shari “interim odes” means a temporary injunction or an interlocutory order issued in ‘cas that is proceeding; “joint matrimonial asset” means a property jointly acquired by spowsesasa result ‘of an actual contribution of each of them during the course ofthe marrage; “Jadici Service Commission” means the Judicial Service Commission ‘sablshed under section 102 ofthe Constitution; “Kadhi's Court” means any Kadhi’s Court among the Kadh's Cours established under the provisions of this Act; ‘Kadh's Courts” includes all Cours established under the provisions ofthis Act *Kadhi? means Chief Kadhi, Acting Chief Kadhi, Deputy Chief Kadhi, Kadi ‘of Appellate Kadh’s Court, Kachi of Regional Kadh's Court or Kadhi of Distct Kedi's Cours, “Kaa” means adoption of child in accordance withthe principles of Islamic Sharia “mediation” means a method of resolving disputes bythe partes themselves in the presence ofa thd party as a mediator, "Ministr” means the Minister responsible for legal affairs; “party” mean a plaintiff defendant, appellant or respondent ina case before a Kadti's Cours “Presiden” means the President of Zanzibar and the Chairman of Revolutionary CoursExsblahent of Kae Cour. Saorite oun Fiat “eral justo “Registrar” means the Registrar of Kathi's Courts appointed under section 23, ‘of thi Act “Ulamna2” means as ascribed to it under the provisions ofthe Mufti Act No. 4 of 201. “Viki” has 9: meaning as scribed to it under the provisions ofthe Advocates ‘Act, No. | of 2020 PART TWO ESTABLISHMENT AND JURISDICTIONS OF KADHI'S COURTS '3-1) There is establiahod the following Kadhi's Courts (@) Disriot Kadhi’s Cour: (©) Regional Kadh's Cour and (©) Appetst Keahi's Cour (2) The Regional Kadh's Court and Distrit Kadhis Court established under subsstion (1) ofthis section, shall be situated in every Region and District espectvely, 4 The Kadhi's Courts shall have the set bearing the style ofthe court a shape and manner as approved by the Chief Justice. '5-{1) Kadhi’s Courts shall have exclusive original jurisdictions to hear @ case for the first time a provided inthe Schedule ofthis Act. (2) The xclusive original jurisdiction roferred tin subsection (1) ofthis section, shall be exeresed between parties who are muslims, (6) Witout prejudice 1o the provisions of subsection (2) of this ection, any person who isnot a muslza may submit clam to the Kadhi's Court against a muslim, for he may be aed by a muslim in the Kadli's Court for any matter thatthe Kadhi's Court has jurisdiction. {6-(1) A District Kadh’s Court ora Regional Kadhi's Cour sh territorial jurisdiction to ear the case within its respective tersitocal area in a District ora Revion.(2) The Appellate Kadhi’s Court shall have and exercise appeliat jurisdiction in the whole of Zanzibar. Aspelae -{1) A Regional Kadhi's Court shall have power to hear and determine appeals mst. fggqy a Dist: Kadi's Court, and appeals from the Regional Kadhi’s Court shall be lodged tothe appellate Kadhi's Cour. (2) In exercising its sppellate powers under subsection (1) of this section, the Regional Kadhi’s Court or the Appellate Kadh's Cour may, with such instruction as to any further sroeedings as it daems Hic (8) uphold, reverse of vary a judgment, decision or order ofthe Distt Kadhi's Court othe Regionel Kadhi's Cour respectively as it deems fit in accordance with the avs or (b) overrule and ordor retrial of any case heard and decided by the Distiet Kadhi's Cour or the Regional Kadhi's Court sit deems ft in accordance with the provisions of this Act () Dies the review of the appeal to be decided by no move than three ‘Kadhi’s bofoce the appeal tobe submited tothe High Court, Revhion 8, The Appellate Kadhi's Court may, upon application or on its own marion, call the record of any case to examine and revise the proceedings of the Dist Kadhi's Cour or Regional Kadhi’s Court and make an order in the case as it thinks fit i it Aanpears that he District Kadh’s or the Regional Court (@) bas exercised a power not vested in it bythe laws () has filed to exercise a power so vested or (©) has acted in the exercise of its power illegally or with material sneegulary. Reve 9.(1) parson who is aggrieved by devsion or order of « Kadhi’s Court and has not lodged an appeal within this days, may apply for s review of judgment or ord to the same Court where there is: (@) discovery of new and important matter or evidence which after the ‘exercise of due diligence, the applicant was not aware of such mattor ‘oF could not produce sich evidence a the time when the decree was passed or order was macespeas Bling ature atthe Aechion of ttenign Presiding Kadbiin Keds Com, (©) clerical or arithmetical mistake or an eor apparent on the face ofthe record; oF (©) any other sufficient reason (2) The Court may grantor reject the application or may make such onder as in hinks fi 10.41) A person who is aggrieved by a decison ofthe Appellate Kadhi's Cour, ‘may lodge an appeal othe High Court. (2) Inexercisng it appellate jurisdiction under the provisions of his Act, the sppeal shall be heard by a Judge of dhe High Court who isa male muslim and four ‘Ulamaa whore together, shall be referred to 3s members ofthe Court (@) Ulmaa referred to under subsection (2) of this section, stall be appointed by the Chief Jstice in consultation withthe Chief Kadhi. (4) In wppointing Ulamaa under subsection (3) ofthis section, the Chief ustice sy consider ets of the parties (5) The pane ofthe High Cour at the hearing of an appeal, may invite any person who is conversant with a particular subject matter as a Friend ofthe Cour. (6) The High Counts decision in respect of such appeal, shall conser majority pinion ofthe members, 11.1) Subject the provisions ofthe Constitution, the decision ofthe High Court shall be final (2) The decision ofthe High Cour relating to eases originating from Kadhi’s ‘Courts shall be binding to all Kadhi’s Courts but on applying such a precedent, sects of ‘he parties sl be taken into consideration 12.41) A Kadhi’s Court shall be presided by a respective Kadhi in accordance with its jurisdiction on the matters provided tobe dealt with by that Cour. (2) Subject to the provisions of subsection (1) ofthis section, the Kadhi who ‘hears the case shall Kep records of proceedings according othe prescribed rules.Law of viene. Other of Apia st chiet Kad an Deputy Chir Ka alot fie Cel Deputy hit 13:The Kadhi's Court shall in exerese ofits jurisdictions, apply laws and rues of, ‘evidence of Isamie Sharia PART THREE OFFICERS OF THE KADHI’S COURTS 414.1) The Kadhi’s Cours shall have the following officers (@) the Chie Kati, (@) the Deputy Chief Kadi (6) Kadhi of Appeliate Kaas Court; (@) Kadhi ofthe Regional Kedhi’s Court; Ge) Kadhi ofthe District Kadhi's Court and (8, Registrar of the Kadhi's Cours, 12) Swe for Officers referred to under subsection (1) of this section, other galoyss of Kad Cours stall be servants who do ot prom ajuive 15.1) The Chief Kadhi oF the Depury Chief Kadhi shall be appointed by the President fou amongst Kadhis or person who i eligible tobe appointed 10 be Kedhi (2) Subject to the provisions of subsection (1) of this section, the Judicial Service Commission shall, recommend to the President names of persons who are ‘igiheto he appointed asthe Chit Kadhi or the Deputy Chiet Kadhi (2) The Chief Kadhi and the Deputy Chief Kadi shall be paid remuneration snd other bencits in accordance with the Judiciary Administration Act, No. 11 of 2018 16.A person shall quality to be appointed asthe Chief Kadi o the Deputy Chief Kadhi i such arson () professes and follows Islamic Religion; (©) holds at last a frst degree inthe fold of Islamic Sharia from an institution recognized by’ the Government or a person who is highly proficient in Islamic Sharia; 6Appointment erasing Chet oan Chet Ka sd Depay Cheat sssDepay Cera opel (6) has an experience of atleast seven years in matters relating to Islamic Shatia; and (bas high level of integrity 17-(1) The President may, where the Chief Kadhi is incapable to discharge bis duties duc to health reasons of any other reason, and after consultation with the Chief Justice, appoint the Deputy Chief Kadhi to be Acting Chief Kadhi (2) persom appointed as Acting Chiet Kadhi shall have such powers as Chief Kadhi and shall perform al finetions of Chief Kadhi until the Chief Kadhi resumes bis office ora new Chief Kadi is appointed 18.{1) The Chief Kadhi shall be ahead of Kadh’s Courts who shal be responsible forthe overall supervision ofthe Kadhi's Courts (2) The Deputy Chiet Kadhi shall be the principal assistant to Chief Kadi and shal discharge such other duties as he may be assigned by the Chet Keshi (3) The Chiet Kadhi and Deputy Chicf Kadhi shall, prior to taking office, take ‘an ont before the President. 19.1) The Chief Kadhi or Deputy Chief Kadi shall remain in his post until he reaches the age of sixty years in which he may voluntarily retire, or atthe age of sixty- five years in which e shall retire compulsorily. 2) Notwithstanding the provisions of subsection (1) of this section, the President may extend the tenure of the Chief Kadhi or Deputy Chief Kadhi for such period as he deems fit, but such period shall not exceed five yeas, 20.1) The Appellate Kadhis’ Cour shall consitute Chief Kadhi, the Deputy Chief Kaahi and notless than thre other Kadh's ofthe Appellate Kadhi’s Cour. (2) Acase before Appellate Kadhi's Court shall be heard by the Chief Kadi, Deputy Chief Kadhi or any other Kadhi of the Appellate Kadhi’s Court (@) The Kadhi of the Appellate Kadhi’s Court shall be appointed by the Present from amongst Kadhis’ of the Regional Kadhi's Court ora person holding ‘equivalent queliications ofthe Kadhi of the Regional Kadhi's Cour (4) Subject tothe provisions of subsection 3) of this section, the Judicial Service Commission shall recommend to the President names of persons who are cligible to be appointed as a Kadhi ofthe Appellate Kedhi's Court. 7Kadai fhe Regina Cour, Kadi ot the Diet Kade co, (5) The Kadhi ofthe Appellate Kashi's Court shall, prior to taking offi ake an oath before the President 21,41) A adhi of @ Regiosal Kadhi's Court shall be appointed by the Jui Service Commission ftom amongst Kadhi’s ofthe Disiriet Kadhis" Court or person holding equivalent qualifications ofthe Kadhi of the District Kadhi’s Court. (2) A person shall qualify © ‘Court if that parson: ppointed as a Kadhi of s Regional Kadhi's (@) professes ad follows the Islamic Religion; () holds at lest frst degree in the field of Islamic Sharie from any ‘stiition recognized by the Government (6) bas on experience of atleast five years in matters relating the Islamic Sharia; and (@) has high level of ine. (3) The Kadhi ofthe Regional Kadhi's Cour shal, prior to taking oftics take an out before te Chief Justice 22.41) A Kadhi of a District Kadh's Court shall be appointed by the Judicial Service Commision (2) A person shall qualify to be appointed as « Kadhi ofa District Kedhi’s ‘Coustif that p {) professes an follows the Islamic Religion; (@) holds at least a fist dopree in the fold of Islami Sharia fom an institution recognized by the Government; (©) hasanexperience of atlas three years in matersrelating to the slamic Sharia; and (4) bas high level of imtegi (3) The Kai ofthe Disriet Kudhi's Cot shall, proc to taking office, take an cath before the Chief usticeRegisear cf Kas out Dues te Regia, 23-(1) Tere shall be a Registrar of Kadhi’s Cours who shall be appointed bythe Judicial Service Commission, (2)Aperson shall qualify tobe appointed asthe Registrar ofthe Kadhi’s Courts if such person (has been appointed as « Kadhi of a Regional Kadhi's Court and (b) has working experience of at least fve yeas in Coun’ duties. (6) The Registrar shall be assisted by Deputy Repistars who are appointed by ‘the Judicial Service Commission upon recommendations of the Chief Kadhi (4) The Deputy Registrar shall have similar qualifications forthe Registrar, (5) The Registrar shal, fr efTetve performance of the judicial functions, be accountable tthe Chief Kadi 24.41) The dies of the Registrar of the Kai's Cours are to (@) pronounce judgments made by the Appellate Kadhi’s Court, (& make orders and do any function of the Appellate Kachi’s Court including (receiving sppea, revision oF review; (i) issuance and service of summons; adhi's Curt (ii) adjournment of proceedings ofthe Appel (iv) hearing applications relating to payment of a decree; (©) ditect the amendment to be made on the aplication of appeals, revisions or eviews; and (9a) supervise the payment of costs and execution of decree genealy, (discharge any other duties assigned to him by the Chief Kadhi or wonferred by any ater law.Powers of Kah Court soretra Sapcins Righs af pares rein (2) The Registrar ofthe Kadhi's Courts shall in exercising the judicial functions under the provisions ofthis Act, have the same pawers as the Registrar of the High ‘Court in evil cases. {@) A person who is dssatisted with any order ofthe Registrar ofthe Kadhi’s Courts may, by way ofan application supported by an affidavit, appeal against that order to the Appellate Kadhi’s Cour. (4) The Chief Kadhi, Deputy Chie Kadhi or & Kadhi of the Appellate Kadhi's Court shail have power, on an application of any person affected by the decree or order issued by the Registrar, to set aside such decree or order and pass another decree or make an order as may be just (5) Application under subsection (4 of this seetion, sallbe made within thir days upon pasing or making of such decree or order ot such other time as the Chief Kadhi may allow (6) Application under subsection (4) ofthis ection, shall not operete asa stay of any proveatings or execution of any decree, unless the Reyistar ofthe Kadli's Cours, Chief Kadhi, Deputy Chief Kadbi ot a Ksdhi of the Appellawe Kadi's Cour, asthe case may be, orders eherwise. PART FOUR SETTLEMENT OF DISPUTES 25,(1) A Kadhi’s Court which ha original jurisdiction to ear a case, when a case ‘hasbeen filed and upon request ofa pasty or ofits own motion, may refer the dispute to settlement. (2) The seutlement refered to in subsection (1) of this section, may ether be bby way of mediation or conciliation. (3) The Chief Kadhi shal, when required, appoint mediators or concitiators in accordance with he criteria and qualifications as prescribed in the Rules made under this Act. 26, The dspating parties, during the mediation o conciliation proces, shall have the right to resolve any matte regarding te issue tabled for mediation or seneiliation.Condens Dara of ‘motion o ‘lion ‘caseiaton of median ‘inition Eat of reiion Ceneiaton 27, Al communications at a mediation session, the mediation noes and records ofthe mediation shall be decmed to be confidential and a party toa mediation shall rot thereafter rely on the record thereof, statement made thereat or any information obtained durtg the mesition as evidence inproceedings before Cour or any other subsequent setleient insti, except in relation to proceedings brought by ether party to vitiate the setdement agreement on the grounds of aud, 28.(1) A mediation or conciliation period shall not exceed fourteen days from the date ofthe firs session ofthe mediation or conciliation, and when there is a necessity for an additional time, such addtional ie shall be approved by the parties, (2) The mediator of coneliator shall communicate additional time approved by the parties under subsection 1) ofthis section tothe presiding Kadhi 29.41) Tke mediator or conciiator may cancel the mediation or conciliation ‘and revert the dispute to the Court if tis impossible wo proceed with mediation or ‘conciliation die 1 the flue of one party or both parties to attend the proceedings ‘with no justifable reason or by any reason beyond the control of the aedator or ceancilatr. (2) A pany who disagrees with the decision under subsection (1) of this esto, within seven days trom the date the decision was given, may apply vo the ‘Court respons le wit such case forthe restoration ofthe mediation or conciliation, (6) Where the Cour is satisfied thatthe party who disagreod withthe decision ‘under subsection (1) ofthis section, bas suficien reasons, may restore the mediation 30. modation or conciliation shall each an end when: (4 the meistor or consilitorcaneele meiatian oe cancion session if ‘one of both parties do not comply withthe instructions or violates the principles agreed (b) the mediator or conciliator, after consultation with the parties, makes ‘8 declaration that futher mediation or conciliation isnot possible or worthwhile; (ch the parties have executed a settlement agreement; (@) the partes jointly have agreed to terminate the mediation or ‘conciliation; andserene Dalatioer ‘ellaon Bata ant fone Powel Keds Cours satire the Tats te Gael Mat, (6) @ party makes declaration to the mediator or concilitor to temninate ‘mediation or conciliation and the other party agrees. {31.-(1) The Court shal, after being satistod with the settlement agreement between the partis, register the setlement agreement of mediation or conciliation. (2) Suaject to the provisions of subsection (1) ofthis section, de settlement agreement shall be treated as a consent judgment andthe Court shall have the power tw exceute it 32, Where upon the conclusion of mediation or conciliation and no setilement agreement is reached, the dispute shall be reverted to the Kadhi wito shall coatinue ‘wit the tral fom the point it reached and an the matter that led to the dispute being sent to mediaton or conciliation, PART FIVE FINANCIAL PROVISIONS _55-(1) The Kaghi's Courts shall hold its own budget Vote through which shall be tabursed all ne tunds appropriated or accrued forthe use of the Kadbi's Cours (2) Ths Pay Mater General shall appoint an accounting officer fur the Vote of ‘the Kadhi’s Cours, and the Accountant General shall allocate staff to underake the accounting werk forthe Vote, (3) Th funds of the Kadhi's Cours shall include (a such amount of money appropriated by the House of Representatives; and (> grants, donations and ithe funds received by the Kadi’ Cours from other eligible sources PARTSIX, MISCELLANEOUS PROVISIONS 34, Withost prejudice tothe provisions of the Grand Mufti Act, the Kadhi Court shall wethe power to enforce any fatvaissued by the Grand Mul fits not execute.Powe ser Noy pic Com cat cons of cof ads £35, Atany time when the case is pending in a Kadhi's Court, a party may apply for interim order snd the Court may make such order or give such diretives in relation 10 the application which the party’ has fied as it considers fit in lw forthe just disposal ofthe case judiciously. ‘36-(1) The Chie Kadhi, th Deputy Chief Kadhi, a Kadhi ofthe Appellate Kadhi’s Court oF 8 Kathi of the Regional Kadhi's Court shall have, by vrs of his office, powers and dis of a notary public and commissioner for oaths in Islamic matters And shall exerise such power in respect ofthe following matters (administering oaths; (attesting signatures; and (6: certifying copies of documents, (2) Tre fees to be charged forthe duties discharged by a notary public and commissioner for oaths under subsection (1) of this section, halt form: pat of the Government venue, ‘37. Kad hall not ac i his judicial office in any proceeds in which he hs any peconiary or personal interest 38{1) The language of Kadhi's Cours shal be Kiswahili (2) Wher either ofthe parties is nat conversant with Kiswabii language or is dumb or has any other disabilisy which hinders him from understanding the language ofthe Kadhi’s Court, the Court shall engage an interpreter (2) As interpreter shall tke an oath before a Kadhi of the cout, prior t0 discharging his duty as an interpreter, '39-(1) The Kadhis Court shall have the jurisdiction to commence proceedings agtingt any person for contempt of a Kadhi's Court and may, in such proceedings, enforce compliance or give punishment. () Aperson who: (3) within the premises ia which any Court proceeding is being held, or ‘within the precinct of the sch premise, shows disrespect in speech ‘or manner to orn espest to such proceeding, ort any person before ‘whom such proceeding is being held; BAppeaanse advent, aiter ‘as been called upon to give evidence in a judicial proceeding, fils {o aftend or has attended but refsed to be sworn or to make an affirmation, or refuses without a lawful excuse to answer a question ‘F to produce a document, or remains in a room in which proceeding ‘is being held efter being ordered t leave such rom; © causes an obsimetion of disturbance in the course of judicial proceeding: a while a judicial proceeding is pending, makes use of any speseh or ‘writing, misrepresenting such proceeding or capable of prejudicing any person in favor of or against any party to such proceeding, ot calculated to lower the authority of any person before whom such a proceeding is being hol: (eh sitempts unlawfully interfere with or influence a witness in judicial proceeding; refuses to obey an order ofthe Courts or (@ commis any other act of intentional impestinence or sisruption to any judicial proceeding, orto any person to whom suck proceeding is being hel, ‘commits « contempt of court and shall, upon convitton, be lable t0 fine aot ‘exceeding Three Hundred Thousand Tanzanian Shillings or imprisonment fora term not exceeding one month orto both (@) Where contempris committed before the Court, it shall nt be necessary for the Court to serve the notice ta show cause, but the Court shall ensure that de person alleged tobe in contempt understands the nature ofthe offence alleged against him and ‘has opportunity to be heard in his own defense, and proper records ofthe proceedings shall be kept, (4) Where the case of contempt has been committe outside the Court a notice to require @ pason (0 ssue reason as to why an action or proceedings should not be taken against im shall be serve to the person alleged to have commited such offence 40.41) An Advoeste Vakil or an agent duly authorized may appear un bebalf of any party in te Kadhi’s Courts or inthe High Court.stators tad Cour Amends orSehed Repel and (2) Subject to the provisions of subsection (1) ofthis section, the Advocate, ‘Vakil or an Agent shal be required to have the basic of Islamic Knowledge and shall be required tobe approved by the Chief Justice. 41 Ofices ofthe Kadhi's Court shall not be lable tobe sued in any cvi suit oF prosecuted ina criminal case for any act done or ardered by him to be done in the Aiseharge of his judicial duties o inthe exercise of his judicial powers it the time of ‘doing such act or making such order he dd it in good isth 42. The Chie Justice may, in consultation with the Chief Kadhi, make rules forthe Detter carrying out the provisions ofthis Act including procedures for mediation and conciliation. 43, The Chief Justice may, in consultation withthe Chief Kadhi and by order published in the Oficial Gazette, amend the Schedule of this Act. 44-1) The Kadh's Court Act No.9 of 2017 i hereby repeated. (2) Notwithstanding the provisions ander subsection (1) of ths section, all rotters and proceedings pending before any Kadh's Court shalt continuc and be coneluded! under the repealed Act, and all matters done or decisions made under the ‘epesisd Act, shall be regaled to have been done or made under the provisions of this ActSCHEDULE EXCLUSIVE ORIGINAL JURISDICTIONS [Made under section (1)] ‘SUBJECT MATTER ‘COURT Marriage, mabr, divace, alimony and | Dis other related matters, jet Kadhi's Court Wife maintenance District Kadi's Cour ‘Custody and maintenance of children. | District Kadhi's Court Kata Regional Kedhi's Cour Proof of ing. Regional Kadhi’s Court ‘Wakf, Wills and Inher, Regional Kadhi’s Court Dispures relating to mesques or religious | Regional Kadhi's Court institution, Religious charitable tists, gilts inter vivo | Regional Kedhi’s Cour and yrs, Division ofjoint matrimonial assets, | Regional Kadhis Cour PASSED by the Howse of Representatives of Zanzibar on 30 November, 2023, (Clark ofthe House of Representatives of Zancibar