Zimbabwe Legal Information Institute

Zimbabwe Legal Information Institute The Zimbabwe Legal Information Institute (ZimLII) provides free and open access to caselaw and legislation from Zimbabwe.
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Have you used ZimLII in the past year? Take our annual survey and help us improve ZimLII!https://bit.ly/3gUSAgo
14/07/2021
LII User Survey 2021

Have you used ZimLII in the past year? Take our annual survey and help us improve ZimLII!
https://bit.ly/3gUSAgo

We want to know - how do YOU use the LII for legal research in your work or studies? Your responses will be anonymised and will not only help the LIIs improve, but support our efforts to attract funding and increased institutional support. The survey should take around 5 minutes to complete.

'...The bedrock of the law on the winding up of companies is that once concursus creditorum is established, the business...
14/07/2021

'...The bedrock of the law on the winding up of companies is that once concursus creditorum is established, the business of the company being wound up is thereafter carried on solely for the purpose of distributing its assets amongst its creditors and not for gain or for the benefit of the shareholders. The oversight function of the court is similarly focused on ensuring that this ensues as expeditiously as is practicable. Thus, by operation of law, all legal processes against the company in liquidation are stayed and can only proceed with the leave of the court. It is the duty of the court to ensure not only the smooth and orderly administration of the assets of the company but more importantly, that after winding up has commenced, no creditor obtains an advantage over other creditors as a result of any conduct on the part of the company or its debtors. ...' Read more as Justice Makarau explains the law on suing of companies under liquidation. http://zimlii.org/zw/judgment/supreme-court-zimbabwe/2021/87

'...The bedrock of the law on the winding up of companies is that once concursus creditorum is established, the business of the company being wound up is thereafter carried on solely for the purpose of distributing its assets amongst its creditors and not for gain or for the benefit of the shareholders. The oversight function of the court is similarly focused on ensuring that this ensues as expeditiously as is practicable. Thus, by operation of law, all legal processes against the company in liquidation are stayed and can only proceed with the leave of the court. It is the duty of the court to ensure not only the smooth and orderly administration of the assets of the company but more importantly, that after winding up has commenced, no creditor obtains an advantage over other creditors as a result of any conduct on the part of the company or its debtors. ...' Read more as Justice Makarau explains the law on suing of companies under liquidation. http://zimlii.org/zw/judgment/supreme-court-zimbabwe/2021/87

Do you use our services? Rate us and give your feedback here - https://bit.ly/3gUSAgoThank you for helping us improve th...
25/06/2021
2021 LII Impact Survey

Do you use our services? Rate us and give your feedback here - https://bit.ly/3gUSAgo

Thank you for helping us improve the ZimLII service!

The African Legal Information Institute, with the LIIs in Africa, would like to learn more about how you use the LIIs in your legal research work. Your responses will be kept confidential and will not only help the LIIs improve, but support our efforts to attract funding and increased institutional....

Zimbabwe joins the rest of the world in commemorating International Day of the African Child which is being held under t...
16/06/2021

Zimbabwe joins the rest of the world in commemorating International Day of the African Child which is being held under the theme; ' 30 years after the adoption of the Charter: accelerate the implementation of Agenda 2040 for an Africa fit for children'. Agenda 2040 is guided by 10 Aspirations, one of which is that,; 'Every child is protected against violence, exploitation, neglect and abuse.'

The use of violence to discipline children has in some cases, resulted in the loss of life such as in the case of S v Chenyika and others found on the ZimLII website. http://zimlii.org/zw/judgment/bulawayo-high-court/2021/86 and
http://zimlii.org/zw/judgment/bulawayo-high-court/2017/129

Please note that the ZimLII website is currently undergoing maintenance and the search engine is not working. We are wor...
14/06/2021

Please note that the ZimLII website is currently undergoing maintenance and the search engine is not working. We are working to ensure that the service is restored as soon as possible. Please bear with us.

Please note that the ZimLII website is currently undergoing maintenance and the search engine is not working. We are working to ensure that the service is restored as soon as possible. Please bear with us.

BE PLEASED TO TAKE NOTICE THAT, the Appellant hereby appeals against the whole judgment of the High Court of Zimbabwe si...
18/05/2021

BE PLEASED TO TAKE NOTICE THAT, the Appellant hereby appeals against the whole judgment of the High Court of Zimbabwe sitting at Harare handed down by Zhou J, Charewa J, and Mushore J in case number HC 2166l2I on 16 May 2021. A copy of the judgment is attached hereto. No leave to appeal is necessary.

http://zimlii.org/content/appeal-supreme-court-against-judgment-zhou-j-charewa-j-mushore-j

Read, download and share the full text judgment.

ZimLII is a member of the Free Access to the Law Movement

BE PLEASED TO TAKE NOTICE THAT, the Appellant hereby appeals against the whole judgment of the High Court of Zimbabwe sitting at Harare handed down by Zhou J, Charewa J, and Mushore J in case number HC 2166l2I on 16 May 2021. A copy of the judgment is attached hereto. No leave to appeal is necessary.

http://zimlii.org/content/appeal-supreme-court-against-judgment-zhou-j-charewa-j-mushore-j

Read, download and share the full text judgment.

ZimLII is a member of the Free Access to the Law Movement

Luke Malaba ceased to be the Chief Justice of Zimbabwe"Whereupon after reading documents filed of record and hearing Cou...
15/05/2021

Luke Malaba ceased to be the Chief Justice of Zimbabwe

"Whereupon after reading documents filed of record and hearing Counsel

IT IS DECLARED THAT:
....
LUKE MALABA must or did at midnight on 15 May 2021 cease to hold the office of CHIEF JUSTICE OF ZIMBABWE.
Any action conduct or deed of LUKE MALABA post the 15th of May 2021 purportedly as the CHIEF JUSTICE OF ZIMBABWE is null and void and of no effect.
In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, ELIZABETH GWAUNZA became/becomes the ACTING CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive CHIEF JUSTICE OF ZIMBABWE is appointed.
In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, PADDINGTON GARWE became/becomes the ACTING DEPUTY CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive DEPUTY CHIEF JUSTICE OF ZIMBABWE is appointed.
There shall be no order as to costs"

Read, download and share the full text Order on the ZimLII website provided for free full access here: https://bit.ly/3ohYWYY

ZimLII is a member of the Free Access to the Law Movement

Luke Malaba ceased to be the Chief Justice of Zimbabwe

"Whereupon after reading documents filed of record and hearing Counsel

IT IS DECLARED THAT:
....
LUKE MALABA must or did at midnight on 15 May 2021 cease to hold the office of CHIEF JUSTICE OF ZIMBABWE.
Any action conduct or deed of LUKE MALABA post the 15th of May 2021 purportedly as the CHIEF JUSTICE OF ZIMBABWE is null and void and of no effect.
In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, ELIZABETH GWAUNZA became/becomes the ACTING CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive CHIEF JUSTICE OF ZIMBABWE is appointed.
In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, PADDINGTON GARWE became/becomes the ACTING DEPUTY CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive DEPUTY CHIEF JUSTICE OF ZIMBABWE is appointed.
There shall be no order as to costs"

Read, download and share the full text Order on the ZimLII website provided for free full access here: https://bit.ly/3ohYWYY

ZimLII is a member of the Free Access to the Law Movement

Bail denied In S v Chapfika; S v Chirara (HH 76/21, B93/21; B 107/21) [2021] ZWHHC 76 (26 February 2021);"In casu the ap...
13/05/2021

Bail denied
In S v Chapfika; S v Chirara (HH 76/21, B93/21; B 107/21) [2021] ZWHHC 76 (26 February 2021);

"In casu the applicants were expected to deal with the matters listed above and produce documentary proof where applicable of ownership of assets, savings and such other proof even by affidavit on the said factors. Again as an example the first applicant made a bold allegation that he is of fixed abode and will reside at the “given address”. However the court is required to consider the ties of the applicant to the place of trial. The allegations that the first applicant is of fixed abode is not enough. Consideration must had to the nature of the ties of the applicant to the fixed abode. Is it owned with title deeds or rented and so forth. Full details with supporting documentation should be attached where available and if not available, an explanation for the non- availability should be given. The listed factors to be considered by the court may be split into subheadings and dealt with individually for good order. The first applicant had the onus to show that it is in the interests of justice to grant him bail. The onus cannot even on a balance of probabilities be discharged through bold allegations being made."
CHITAPI J

Read the full text judgment on the ZimLII website here
http://zimlii.org/zw/judgment/harare-high-court/2021/76

The Power of the Speaker of Parliament to represent the National Assembly "The NA (National Assembly) is chaired by the ...
13/05/2021

The Power of the Speaker of Parliament to represent the National Assembly

"The NA (National Assembly) is chaired by the Speaker. The Speaker is the representative and spokes-person of the Assembly in its collective capacity. The Speaker may therefore give binding undertakings on behalf of the NA."

In Mliswa v Parliament of the Republic of Zimbabwe (CCZ 2-21, Court Application No. CCZ 6/20) [2021] ZWCC 2 (29 March 2021); published to the ZimLII website here http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2021/2

Read the full-text judgment for this and other Constitutional Cases on the ZimLII website published for free full online access.

The Power of the Speaker of Parliament to represent the National Assembly

"The NA (National Assembly) is chaired by the Speaker. The Speaker is the representative and spokes-person of the Assembly in its collective capacity. The Speaker may therefore give binding undertakings on behalf of the NA."

In Mliswa v Parliament of the Republic of Zimbabwe (CCZ 2-21, Court Application No. CCZ 6/20) [2021] ZWCC 2 (29 March 2021); published to the ZimLII website here http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2021/2

Read the full-text judgment for this and other Constitutional Cases on the ZimLII website published for free full online access.

A dissent is a valuable tool that opens the door for the evolution of law. "...I have perused the judgment of my learned...
09/04/2021

A dissent is a valuable tool that opens the door for the evolution of law. "...I have perused the judgment of my learned sister MAKARAU AJCC. ...I am constrained to disagree with my learned sister judge on certain aspects of the application and the conclusions she has reached in respect of the same... I have read and carefully considered the lead judgment and dissenting opinion of my learned sisters, Makarau AJCC and Gowora AJCC, respectively. I find myself in the invidious position of having to agree with both, substantially in respect of the former and partially as regards the latter..." http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2021/1 Read the case of The President of the Senate And 2 Others v Gonese And 3 Others CCZ 1-21 where the 3 judges give different views on the issues at hand. What are your opinions on the different views taken by the judges.

A dissent is a valuable tool that opens the door for the evolution of law. "...I have perused the judgment of my learned sister MAKARAU AJCC. ...I am constrained to disagree with my learned sister judge on certain aspects of the application and the conclusions she has reached in respect of the same... I have read and carefully considered the lead judgment and dissenting opinion of my learned sisters, Makarau AJCC and Gowora AJCC, respectively. I find myself in the invidious position of having to agree with both, substantially in respect of the former and partially as regards the latter..." http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2021/1 Read the case of The President of the Senate And 2 Others v Gonese And 3 Others CCZ 1-21 where the 3 judges give different views on the issues at hand. What are your opinions on the different views taken by the judges.

'...On a careful interpretation of the Constitution, it is clear that the High Court does not, in fact, have unlimited j...
01/04/2021

'...On a careful interpretation of the Constitution, it is clear that the High Court does not, in fact, have unlimited jurisdiction over all civil and criminal cases in Zimbabwe. The general jurisdiction of the High Court is restricted by the very Constitution itself which has created specialised courts to handle specific areas of the law. The High Court has no jurisdiction to determine unfair labour practices which, in terms of the Labour Act, should more properly be handled by labour officers appointed in terms of that Act...' Muchenje v Mutangadura & 5 Ors HH 21-21 http://zimlii.org/zw/judgment/harare-high-court/2021/21

'...On a careful interpretation of the Constitution, it is clear that the High Court does not, in fact, have unlimited jurisdiction over all civil and criminal cases in Zimbabwe. The general jurisdiction of the High Court is restricted by the very Constitution itself which has created specialised courts to handle specific areas of the law. The High Court has no jurisdiction to determine unfair labour practices which, in terms of the Labour Act, should more properly be handled by labour officers appointed in terms of that Act...' Muchenje v Mutangadura & 5 Ors HH 21-21 http://zimlii.org/zw/judgment/harare-high-court/2021/21

As we celebrate International Women's rights, we look at some of the Court's pronouncements on women's rights, starting ...
08/03/2021

As we celebrate International Women's rights, we look at some of the Court's pronouncements on women's rights, starting by women's right to land ownership.
' ...It is important at this stage for the court to make it clear that out our Constitution of Zimbabwe Amendment (No 20) Act 2013 is very clear on equality between man and women when it comes to land issues. This is for the obvious reason that land is a basic necessity and that no one should be discriminated upon on land resettlement or distribution on grounds of s*x, gender and custom...' per Mwayera J in Mazarura v Kativhu http://zimlii.org/zw/judgment/harare-high-court/2014/287

As we celebrate International Women's rights, we look at some of the Court's pronouncements on women's rights, starting by women's right to land ownership.
' ...It is important at this stage for the court to make it clear that out our Constitution of Zimbabwe Amendment (No 20) Act 2013 is very clear on equality between man and women when it comes to land issues. This is for the obvious reason that land is a basic necessity and that no one should be discriminated upon on land resettlement or distribution on grounds of s*x, gender and custom...' per Mwayera J in Mazarura v Kativhu http://zimlii.org/zw/judgment/harare-high-court/2014/287

'...A  court ... cannot set aside a valid will because it thinks that the testator ought to have bequeathed his or her p...
06/01/2021

'...A court ... cannot set aside a valid will because it thinks that the testator ought to have bequeathed his or her property to the surviving spouse. Section 5(3) of the Wills Act does not require a husband or wife to bequeath his or her property to the surviving spouse...' Per Malaba CJ in the case of Chigwada v Chigwada SC 188-20 http://zimlii.org/zw/judgment/supreme-court-zimbabwe/2020/188

'...It is declared that the policy requiring all children in schools to recite the pledge of allegiance as formulated is...
04/01/2021

'...It is declared that the policy requiring all children in schools to recite the pledge of allegiance as formulated is constitutionally invalid, in that it violates the right to freedom of religion enshrined in s 60(1) of the Constitution in relation to the applicant’s children and schoolchildren not sharing the belief in the existence
of God, and the parental right enshrined in s 60(3) of the Constitution of Zimbabwe...'Read the full judgment on the ZimLII website http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2020/20

'... recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is t...
10/12/2020

'... recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world..' As we celebrate human rights day, you can also look at how the Zimbabwean Courts have interpreted human rights in some of the judgments on the ZimLII website.
http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2016/12
http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2019/10
http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2020/2
http://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2020/3

FREE tickets! The Law via the Internet conference (https://www.lvi2020.org) will be held virtually next week for the fir...
18/09/2020
Virtual Law Via the Internet 2020

FREE tickets! The Law via the Internet conference (https://www.lvi2020.org) will be held virtually next week for the first time in the conference's history. Keynotes this year will be delivered by the Hon. Retired Chief Justice of #Kenya Dr. W***y Mutunga and #Canadian author, blogger and copyright activist Cory Doctorow We have a number of free tickets to give away. Tell us how free African law helps you do your work to be DMed a coupon for free registration. #freelawafrica #lawtech #lawtechnology

The Law via the Internet Conference is the foremost international conference bringing together communities involved in all aspects of free access to law. Since its inception, the LVI Conference has been organized by members of the Free Access to Law Movement (FALM). In 2020, the conference was to be...

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Comments

Im interested in child support. When deductions from the father 's payslip are done. Which is which? I have been in civil court in less than a month the first time maintance was deducted from my basic salary as the Hon explained that allowance and overtime can be stopped any time. Yesterday I was draged to a different Magistrate who deducted maintance from net salary, overtime and allowance included. I tried to reason with the Hon that overtime was scrapped off but it didn't help my case. Now my basic salary is $13583 and maintenance is claiming $12058. How can I survive?
How
hello dear lm having a problem l need your help my brother died and left kids with different mothers now problem is we went to birth n death certificate office to claim his death certificate some of his kids does not have birth certificate they told us the first wife is the one who must come n collect it l went to check first wife she is now residing in South Africa and she promised if she comes to Zimbabwe she will go n collect now its 4 years never came n now she ended up blocked me what can we do with a case like this all we want is death certificate to help his kids to have birth certificates when he died he had no property or money in the banks is there another way we can claim that death certificate
When u somewhat got yo priorities in a ducky role, the feeling is fullfiling...all else seems like background noise.I suppose its called peace. m.k
Thanks Sandra
Can I have a full citation of the case, commissioner general of police V delia and another. Where the accused persons were found with large quantities of beer and was seized by the police and auctioned.
mudzuri cas
Were are you based
Varume mutemo wakandidzvanyirira ndodii ndisununguke munyika inavame