jbzowa@justice.gov.zw (2) The Court shall consist of a President, who shall be a person who is qualified in terms of subsection (3) and appointed as President of the Court in terms of subsection (1) of section 92 of the Constitution: Provided that, if no person has been so appointed, the President of the Court shall be— (a) the person for the time being holding the office of President of the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06]; or (b) a judge or acting judge of the High Court appointed by the Chief Justice, after consultation with the Judicial Service Commission, if the person referred to in paragraph (a) is for any reason unable to serve as President of the Court. (3) A person shall not be qualified for appointment in terms of subsection (2) unless— (a) he is a former judge of the Supreme Court or the High Court; or (b) he is qualified for appointment as a judge of the Supreme Court or the High Court. (4) A person appointed in terms of subsection (2) may be appointed— (a) from time to time to deal with any particular matter coming before the Court; or (b) for a particular period: Provided that a judge or acting judge appointed by the Chief Justice in terms of paragraph (b) of the proviso to subsection (2) shall preside over the Court for such period as the Chief Justice may specify. (5) Subject to subsection (2) of section 92 of the Constitution, the conditions of service of a President of the Court shall be as determined from time to time by the President. (6) The Court shall sit at such times as may be fixed by the President of the Court and at such places as may be appointed by the Judge President of the High Court. (7) The Registrar of the High Court shall be the Registrar of the Court and shall ensure the proper functioning of the court. [Subsection substituted by Act 5 of 2010] (8) The Judicial Service Commission shall, in accordance with the Judicial Service Act [Chapter 7:18] (No. 10 of 2006), assign to the service of the Court such persons employed in the Judicial Service as may be necessary for the proper functioning of the Court. [Subsection inserted by Act 5 of 2010] 4 Procedure of Court (1) The President of the Court shall make rules for regulating the procedure of the Court, which shall be as simple and informal as reasonably possible. (2) Rules made in terms of subsection (1) may provide for— (a) the practice, procedure and rules of evidence to be followed by the Court, including the determination of any preliminary point in any appeal; (b) the service of notices and other documents required for the purpose of any appeal; (c) the forms to be used for the purpose of any appeal; (d) the condonation by the Court or the President of the Court, on good cause shown or with the agreement of the parties, of any non-compliance with the rules; (e) any other matter which this Act requires to be provided for in rules or which the President of the Court considers should be provided for in rules in order to ensure or facilitate the proper dispatch and conduct of the business of the Court. (3) Rules made in terms of subsection (1) shall not have effect until they have been approved by the Minister responsible for finance, and published in the Gazette. (4) In any case not provided for in the rules the Court shall act in such manner and on such principles as it considers best fitted to do substantial justice. 5 Representation of parties At any hearing before the Court any person may appear in person or by any person appointed by him in writing or represented by a legal practitioner. 6 Summoning and privileges of witnesses (1) The Court shall have power to summon witnesses, to call for the production of and grant inspection of books and documents and to examine witnesses on oath. (2) A subpoena for the attendance of witnesses or the production of books or documents shall be signed by the registrar of the Court and served in the same manner as if it were a subpoena for the attendance of a witness at a civil trial in a magistrates court. (3) Any person subpoenaed to give evidence or to produce any book or document or giving evidence before the Court shall be entitled to the same privileges and immunities as if he were subpoenaed to attend or were giving evidence at a trial in the High Court.