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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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'... I am of the view that the longer the duration of the marriage, the lesser the weight to be attached to direct contr...
20/07/2020

'... I am of the view that the longer the duration of the marriage, the lesser the weight to be attached to direct contributions as the value of the indirect contribution increases as the duration of the marriage increases...' A spouse who has made indirect contributions to matrimonial property can be entitled to 50% share of the matrimonial property. For more on this read the Supreme Court case of Mhora v Mhora SC 89-20 on the ZimLII website. http://zimlii.org/zw/judgment/supreme-court-zimbabwe/2020/89

Reporting a Court Case Arising from a False Social Media Report: Case Note on Mushunje V Zimbabwe Newspapers HH-47-17UZ ...
18/07/2020

Reporting a Court Case Arising from a False Social Media Report: Case Note on Mushunje V Zimbabwe Newspapers HH-47-17

UZ Law Journal
Author: GEOFF FELTOE
Journal Citation: UZ Law Journal ISSN 2617-20146

THE FALSE SOCIAL MEDIA REPORT

The facts of the Mushunje case show how false and highly defamatory information published on a social media website can spread like wildfire and do enormous damage to the reputation of a person. In this case the damage was to a well-known professional model who was falsely accused of serious child abuse.

The events leading to an action for defamation by the plaintiff against the Zimbabwe Newspapers were as follows: a social media site published a decidedly damaging article about the plaintiff. It alleged falsely that the plaintiff was HIV positive and had injected her HIV tainted blood into the son of her boyfriend. She was also alleged to have made the child drink her urine and to have physically abused the child. Based on these publications, the mother of the child filed a complaint against plaintiff with the police. The social media site then published another article alleging that plaintiff had been arrested. Charges of child abuse were then brought against the plaintiff but she was acquitted on all charges after medical tests on both the child and the plaintiff showed that neither was HIV positive, nor did the child exhibit any signs of abuse.

Access the full article on the ZimLII Online Digital Library here, for full free access:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/reporting-court-case-arising-false-social-media

Actions against the Police: Unreasonable Obstacles to Obtaining Redress : Case Note on Nyika & Ors v Minister of Home Af...
18/07/2020

Actions against the Police: Unreasonable Obstacles to
Obtaining Redress : Case Note on Nyika & Ors v
Minister of Home Affairs & Ors HH-181-16 (“The Nyika Case”)

UZ Law Journal
Author: G. FELTOE, J REID-ROWLAND AND R. MATSIKIDZE
Journal Citation: UZ Law Journal ISSN 2617-20146

As pointed out in the Nyika case, the police interact with the public on a daily basis and it is typically ordinary citizens who are the victims of violations of their rights arising out of abuse or misuse of police powers. Victims of police abuse will often be seeking redress for violations of some of their most fundamental human rights, such the right to life, liberty, bodily integrity, dignity and protection of their property. The claims may include actions for unlawful arrest and detention, malicious prosecution, unlawful assault, unlawful causing of injury or death, unlawful deprivation or destruction of their property and other human rights violations.1 Given the serious nature of these claims, it is vitally important that these matters are dealt with by the courts, the police are held accountable for such abuses and appropriate redress is given to victims.

Access this, and other similar content on the ZimLII website on this link:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/actions-against-police-unreasonable-obstacles

ZimLII is an open access publisher of legal information, and a member of the global family of Legal Information Institutes (www.worldlii.org)

A Timely and Welcome Decision on Employer Liability for Pension Arrears under Section 13 (1) Labour Act [Chapter 28:01]:...
17/07/2020

A Timely and Welcome Decision on Employer Liability for
Pension Arrears under Section 13 (1) Labour Act [Chapter
28:01]: Case on Misheck Ugaro v African Banking Corporation SC 298 17 [Ref – LC/H/681/16]

UZ Law Journal
Author: MUNYARADZI GWISAI
Journal Citation: UZ Law Journal ISSN 2617-20146

The decision of the Supreme Court in the case of Misheck Ugaro vs African Banking Corporation SC–298 17 concerning employers’ liability for arrears accrued viz pension contributions for their ex-employees is an important decision for the benefit of one of the most vulnerable sections of workers: pensioners. The court affirmed in an order by consent the liability of employers under s 13 (1) of the Labour Act to pay arrears for pension contributions accrued during a former employee’s employment.

In doing so, the court also provided a timely clarification on a matter that has caused much suffering for former employees, as lower tribunals like National Employment Council Designated Agents and labour officers have been declining to hear disputes concerning pension arrears by employees. They declared that they lacked jurisdiction and argued that such disputes did not qualify as unfair labour practices under s 13 of the Labour Act and that the former employees had to sue the pension fund and not their former employers.

Consequently former employees were restricted to initiating action against pension funds in the civil courts. Court action is not only costly but involves cumbersome and sophisticated procedures requiring legal representation which is beyond the reach of most workers and pensioners. Even then, the obstacle that confronted litigants was that the Pension Fund would plead that it could not grant a full pension benefit because the employer had not remitted the necessary contributions.

Read, download and share the full-text article on the ZimLII website here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/timely-and-welcome-decision-employer-liability

CASE NOTES Per Stirpes Principle Versus the Per Capita Principle in Intestate Succession: A Brief Overview: Case Note on...
17/07/2020

CASE NOTES
Per Stirpes Principle Versus the Per Capita Principle in
Intestate Succession: A Brief Overview: Case Note on the
Case of in Re Estate Late Bellinah Mhlanga HH 816-17 HC 4168/17 DR 143/13

Author: ELIZABETH RUTSATE
Journal Citation: UZ Law Journal ISSN 2617-20146

One area of law which has been a source of serious conflict particularly within families is the law of succession. Prior to delving deeper into the topic it is imperative that as a starting point the term ‘succession’ be defined.
...
Intestate succession occurs in three situations namely (a) if a person upon death does not leave behind a valid will; (b) if the beneficiary appointed in a will predeceases the testator and the latter does not substitute the predeceased heir with another prior to his/her own subsequent death, then that part of the will, will be dealt with under the law of intestate succession; and (c) where a beneficiary or heir appointed in a will cannot or declines to take up the appointment, that portion of his/her inheritance will automatically fall under intestate succession. Under Roman Dutch common law, it is also possible to have an estate that falls under both testate and intestate succession. This happens where a person dies partly testate and partly intestate.

Access the full-text journal article on the ZimLII Online Digital Library here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/case-notes-stirpes-principle-versus-capita

BOOK REVIEWS The Struggle Over State Power in Zimbabwe Law and Politics Since 1950 by G.H. Karekwaivanane (Cambridge Uni...
17/07/2020

BOOK REVIEWS
The Struggle Over State Power in Zimbabwe Law and Politics Since 1950 by G.H. Karekwaivanane (Cambridge University Press 2017)
UZ Law Journal
Author: GEOFF FELTOE
Journal Citation: UZ Law Journal ISSN 2617-20146

This excellent and important book opens by relating what happened at the trial in 1968 of four liberation fighters charged by the Rhodesian regime of possession of arms of war, an offence that carried the death penalty. The fighters refused legal representation, called no witnesses and openly admitted they had brought arms into the country. They proclaimed that they had committed no crime as they had legitimately taken up arms to depose an illegitimate and highly repressive colonial regime. They maintained that the court itself was illegitimate and had no right to try them. Their court “performance” allowed them to assert their political convictions and put on trial the colonial regime.

This book deals the interrelationship between politics and law in the colonial period between 1950 and 1979, and the post-Independence period from 1980 to 2008. It examines how law was used in many different ways at various stages.

The author points out that law was used by the colonial state to try to constitute state power and legitimise its rule and to implement its policies of protecting the interests of the settlers and marginalizing and exploiting the black majority; by colonized people to try to assert their rights as citizens; by lawyers to try to shield people who had fallen foul of increasingly repressive laws; and by persons tried under draconian laws to declare the complete illegitimacy of the colonial state and its courts. The regime adopted varying approaches to the application of customary law and the role of the chiefs. The author points out that previous studies have tended to concentrate on the coercive role of law and have not given sufficient attention to the diverse ways in which law was deployed by the regime at different stages and the differing responses to the law by the people affected by it.

The author then points out the different roles played by law in post- Independent Zimbabwe. He examines, for instance, how the government sought to transform the legal system, including its racial composition, effect radical reforms to gender rights and modernize the administration of customary law, although later traditional leaders were politically co-opted by the ruling party. He looks at how an increasingly authoritarian government made use of colonial laws for repressive purposes, and how black lawyers and the people affected responded to repression and played a key role in the development of a human rights culture and legal activism. The book ends with the observation that this evaluation of the history of legal struggles over the period covered “alerts scholars and activists alike to the rich repertoire of strategies and discourses that were employed and deployed in struggles against state repression in colonial and post- colonial Zimbabwe.”

This fascinating and meticulously researched book should be essential reading for anyone interested the legal history of pre-and post- Independence Zimbabwe.

Read, download and share this and more content like this from the ZimLII online digital library, providing free, open access to legal information here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/book-reviews-struggle-over-state-power-zimbabwe

Reflecting on the Applicability of Freedom, Sanctity and Privity of Contract in Zimbabwean Law of ContractAuthor: INNOCE...
16/07/2020

Reflecting on the Applicability of Freedom, Sanctity and Privity of Contract in Zimbabwean Law of Contract

Author: INNOCENT MAJA
Journal Citation: UZ Law Journal ISSN 2617-20146

ABSTRACT

This paper examines the applicability of the long established contractual doctrines of freedom of contract, sanctity of contract and privity of contract in modern day Zimbabwean law of contract. It argues that even though the three doctrines are still applicable, there are instances where they have not be strictly adhered to and in some cases redefined.

Key words: freedom of contract, sanctity of contract, privity of contract, contract.

Read, download and share the full-text journal on the ZimLII website here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/reflecting-applicability-freedom-sanctity-and

Labour Rights under Zimbabwe’s New Constitution: The Right to be Paid a Fair and Reasonable WageUZ Law Journal Author: M...
16/07/2020

Labour Rights under Zimbabwe’s New Constitution:
The Right to be Paid a Fair and Reasonable Wage

UZ Law Journal
Author: MUNYARADZI GWISAI, RODGERS MATSIKIDZE & CALEB MUCHECHE
Journal Citation: UZ Law Journal ISSN 2617-20146

INTRODUCTION

A fundamental change introduced under s 65 (1) of the new Constitution of Zimbabwe2 is the enshrinement of the right of employees to be paid a fair and reasonable wage. It reads:

65 Labour rights

(1) Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

This provision marks a milestone in the labour law regime of Zimbabwe.
It brings Zimbabwean law in closer conformity with relevant regional and international instruments.

Although the philosophical basis of the Labour Act3 is pluralist, with the Act providing that its “purpose is to advance social justice and democracy in the workplace,”4 the regime covering wages has been decidedly unitarist. Hitherto neither statutes nor common law had prescribed the quantum of wages payable to employees. This, despite perhaps one of the most rallying demands of labour in the last two decades being the demand for a Poverty Datum Line-linked living wage. This is understandable, when one considers that by 2011, nearly 93 per cent of formal sector employees were earning wages less than the Total Consumption Poverty Line (TCPL), the generally accepted measurement of poverty.5 Thus, for most workers, a living wage remains a mirage. They are mired in dire and debilitating poverty.

The demand for a living wage, not surprisingly, has found echo in popular musical hits such as Chinyemu by Leornard Dembo and Mugove by Leornard Zhakata. Indeed, for a nation largely turned Christian, a demand with Biblical foundations.

Read, download and share the journal article from the ZimLII link here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/labour-rights-under-zimbabwe%E2%80%99s-new-constitution

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Sentencing of Sexual Offenders UZ Law Journal Author: GEOFF FELTOEJournal Citation: UZ Law Journal ISSN 2617-20146ABSTRA...
16/07/2020

Sentencing of Sexual Offenders
UZ Law Journal
Author: GEOFF FELTOE
Journal Citation: UZ Law Journal ISSN 2617-20146

ABSTRACT

This paper examines the complex issue of sentencing of sexual offenders against the backdrop of the recent calls for mandatory minimum sentences in cases of sexual crimes. Some countries have introduced mandatory minimum sentences but the paper points out some of the problems in deciding upon appropriate minimum sentences for the different sexual crimes. It demonstrates inconsistencies in the sentencing patterns in Zimbabwe for sexual offences and explores the alternative of setting of sentencing guidelines to achieve more consistency in sentencing levels.

Key words: Sexual offences, mandatory minimum sentences, inconsistency in sentences

Read, download and share the full-text journal article on the ZimLII website here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/sentencing-sexual-offenders

Collusion! in Defence of Free Speech in Sports and the Unaccountability of Global Sports Administration BodiesUZ Law Jou...
16/07/2020

Collusion! in Defence of Free Speech in Sports and the
Unaccountability of Global Sports Administration Bodies
UZ Law Journal

Author: LYNDON T. NKOMO
Journal Citation: UZ Law Journal ISSN 2617-20146

ABSTRACT

Global Sports Administrative Bodies are powerful and influential institutions. Sovereign States in their individual capacities struggle to deal with some of their rules and decisions. They also have direct jurisdictional authority over individual athletes. At the centre of their jurisdictional authority is their power to admit, suspend or expel both individual nations and athletes from participating in global sporting competitions. Athletes have to be careful about what and how to express themselves on and off the field because of restrictive rules on speech. Freedom of Speech in sports is, therefore, under serious threat because of multi-million dollar commercial interests in the form of sports sponsorships benefiting Global Sports Administrative bodies. Consequently, within the context of global sports administration some domestic constitutional freedoms such as freedom of expression rank below international rules set by these Global Sports Administrative institutions. Such conflict is not easy to resolve and it requires political rather than legal initiatives to resolve. Sovereign nations are unable to protect themselves and their athletes against some unfair decisions of global sports administrative bodies. Concerted efforts by groupings of nation states at continental or regional levels are an imperative in dealing with what appears to be administrative excesses of Global Sports Administrative Bodies.

Key Words: Global Sports Administrative Bodies, The Fédération Internationale de Football Association (FIFA), Court of Arbitration for Sport (CAS), International Amateur Athletics Federation (IAAF), Freedom of Expression, Doctrine of Prior Restraint, Commercial Sponsorships

Read, download and share the full-text Journal Articles on the ZimLII website here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/collusion-defence-free-speech-sports-and

An Interrogation of the Law Relating to Cohabitation in Zimbabwe and the Need for Law Reform UZ Law Journal Author: BEVE...
15/07/2020

An Interrogation of the Law Relating to Cohabitation in Zimbabwe and the Need for Law Reform

UZ Law Journal
Author: BEVERLEY CASMILA MADZIKATIRE AND ELIZABETH RUTSATE
Journal Citation: UZ Law Journal ISSN 2617-20146

ABSTRACT

This article specifically interrogates the extent to which the continued lack of recognition of cohabitation relationships under Zimbabwean law has resulted in disproportionate gendered impacts on women involved in such relationships. Yet in all fairness and to a large extent, a cohabitation relationship performs the same function as that of a legally recognised marriage. It argues that the non-recognition is discriminatory and violates section 56(1) of the Constitution of Zimbabwe. The article builds a case on the need for law reform of marriage laws in Zimbabwe that takes into account international best practice.

Key words: Cohabitation, property, marriage, equality, non- discrimination

___

1 This article is largely drawn from a dissertation entitled, “A Critique of the Law Relating to Cohabitation in Zimbabwe and Proposed Reforms” written by Beverley Casmila Madzikatire in partial fulfilment of the requirements of the
Bachelor of Laws Honours Degree (LLBs)obtained in 2018 that was supervised by Dr. Elizabeth Rutsate who has further revised and edited it as at 15 September 2018;

2 Beverley Casmila Madzikatire is a former law student at the University of Zimbabwe, Faculty of Law who graduated with the LLBs Honours degree in 2018.

3 Dr. Elizabeth Rutsate is a Senior Law Lecturer within the Faculty of Law at the University of Zimbabwe.

Get this and other full-text journal articles on the ZimLII website, published for free online access on the Digital Law Library here:
https://zimlii.org/zw/journal/uzslrj-iii/%5Bnode%3Afield_jpubdate%3Acustom%3AY/interrogation-law-relating-cohabitation-zimbabwe

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Comments

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
Hi I would like to know what is the procedure of becoming an attorney in Zimbabwe after one has acquired a foreign SA degree, I know the 1st is converting it , but what’s next ? Should we search articles if so how long ?
how do you go about it if you are suspended pending investigation in a mining area .
Good day to all legal giants on this page.i have a few questions concerning registration of a trust fund in zimbabwe.1)what are the requirements whrn registering one in zimbabwe 2)How much does it cost 3)How long does the process normally take and the last question does a trust have any legal rights to source any funds in or outside zimbabwe
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