Defamation: protecting reputation or suppressing media freedom? Business and Economics Journal, Volume 2011: BEJ-37. However, in Malunga 1990 (1) ZLR 124 (H) the court reiterated that a sharp distinction should be made between male and female offenders is still apposite and that the tendency in certain subsequent cases to innovate by adopting a more uniform approach between the sexes is premature. This extract from the Hansard for Tuesday this week is rather long but revealing as it shows how the MDC is fighting back against a regime that is hell bent on destroying what reputation we have left as a stable, law abiding democratic State. For workers to strike, more than 50% of the workers must vote for a strike and this will be followed by 30 day conciliation period and the possibility of binding arbitration. An HIV mother breastfeeding a baby: Did she commit a criminal offence? Currently the law reports of Zimbabwe end at the 2002 edition. The Copyright and Neighbouring Rights Act[Chapter 26:05] (Copyright Act) defines the type of works that are eligible for copyright protection in Zimbabwe as well as the works that qualify for protection as performers’ rights, works of folklore and moral rights. This report finds that legal accountability and the rule of law in Zimbabwe have been seriously eroded under the ZANU-PF government through its interference in the criminal justice system. He was therefore charged with not only arson, but also with intent to endanger human life. Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. For and behalf sic of TEXTBOOK SALES … Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? Hagglund, G. and C. Provis 2005. understand the law. business law cases in zimbabwe Special provisions relating to insurance business. The Zimbabwe Electronic Law Journal. Zimbabwe is party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which bans trade in ivory. The rights of Zimbabwean Children There are no rights for children specifically enshrined in the constitution, however they are entitled the rights guaranteed all persons in Zimbabwe, regardless of age, by the Declaration of Rights. Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. Specific examples of international legislation in national law are given to illustrate the transformation of international law into national law. In the new millenium, sadly, Zimbabwe is a global pariah because our government is alleged to have trashed the rule of law and the Constitution on which is based its authority to govern. For example, in the case of R v Caldwell [1982], the defendant got sacked from a hotel that he worked at; and one night got drunk and set fire to the hotel, with the intention to cause damage to the property. Examples are the 2004 Indian Ocean tsunami, Hurricane Katrina in 2005 that devastated New Orleans, the 2005 earthquake in South Asia, and most recently the earthquake in Haiti in 2010. The scope of this area of law clearly has no limit. behaviour on the performance of state corporations in Zimbabwe. Use CanLII references where possible because this source will be freely available to anyone. Jump to navigation Jump to search. Harare, ILO Publications. The failure by the Minister to lay before Parliament a statutory instrument setting out levels of fines has the effect of rendering any imposition of fines incompetent under the circumstances: Chandafira HH-137-02. This failed in 2015 when there was a US Dollar shortage. In Allegrucci HB-37-02 X made a fraudulent claim against an insurance company, but when the fraud was discovered he admitted it, co-operated fully with the insurer, and made full restitution plus interest and paid certain other expenses. In Munukwa HH-35-02 the court said that offenders in the age group of 18 to 21 years are young offenders who, depending on the offence of which they are convicted and the circumstances thereof, must generally be treated differently from adult offenders. Labour Studies Journal, 29 (4), pp. On whether further suspended term of imprisonment may be imposed in addition see Mhlanga & Anor 2000 (2) ZLR 73 (H). 5 Hence the recent AU criticisms of the June 27th elections were welcomed by the international community. In 2009, soaring inflation forced Zimbabwe to ditch its own currency in favor of foreign currencies, including the US Dollar, South African Rand, and Botswanan Pula. Issue Paper No. business law cases in zimbabwe Special provisions relating to insurance business. This is due to the lack of finance on the part of the Legal Resources Foundation. He was charged together with … Currently the law reports of Zimbabwe end at the 2010 edition. Where there is such a recommendation, defence counsel should refer to this case and submit to the court that the recommendation should be followed. However, in some cases, though, these factors may be absent or of lesser importance and there may be circumstances where there is no reason to discriminate in favour of the woman: Malunga 1991 (1) ZLR 124 (H); Gwatidzo HH-271-90. Defence counsel should be conversant with the sort of situations where the court will be likely to impose community service and seek to persuade the court to impose this sentence upon their clients instead of sending them to prison. Faculty of Law, University of Zimbabwe. The court should consider suspending portion of prison sentence imposed on first offender, although there is no rule that must suspend portion: Manaiwa & Anor HB-72-90; Mazowe HB-36-91; Gumba S-50-91. (See Appendix) See also Dullabh 1994 (2) ZLR 129 (H) and Zhou 1995 (1) ZLR 329 (H) for the offences for which community service is appropriate. A fire broke out at the school, caused by Cambridge, for which Haberdashers sought damages from Lakehouse. In June 2019, the government banned all foreign currencies to bring the Zimbabwe Dollar back to life. This is due to the lack of finance on the part of the Legal Resources Foundation. For example, Zimbabwe Law Reports 2002 Part (1). Prosper.HH 52-14.pdf, 394. The Customary Law and Local Court Act (7:05)4 states that, customary law applies in civil cases only and not criminal cases as provided by section 3 of the Act, so this shows that, customary law is still applying in Zimbabwe. The FTC acts as both an investigator and an enforcer. The Rule of Law in Zimbabwe Robert Mugabe was elected into power in Zimbabwe in 1980, the year Zimbabwe was granted independence from Britain. We must forge ahead with meeting the aspirations of Agenda 2063.. 65–86. The Zimbabwe Republic Police (ZRP) arrested and formally charged the Deputy Minister of Information and Publicity, Minister Bright Matonga for alleged corruption. The conciliation step of the unfair dismissal process in South Australia. Commercial Law, University of Zimbabwe. Since its inception this Journal has had an Editorial Board consisting of editors from the Faculty of Law at the University of, Using religion to sexually exploit young female parishioners Case note on the Gumbura rape cases - By Geoff Feltoe, When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe, Aligning the Administrative Justice Act with the Constitution, Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, SELECTED ASPECTS OF THE 2013 ZIMBABWEAN CONSTITUTION AND THE DECLARATION OF RIGHTS, African Customary Law, Customs, and Women's Rights - Muna Ndulo, A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE, Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23]. A court's written opinions are called case law, and they often interpret unclear state laws. For example, Zimbabwe Law Reports 2002 Part (1). Imprisonment is a severe punishment which must only be imposed as a last resort Mpofu (2)1985 (1) ZLR 285 (H). Fraud is established where it is proved that a false statement is made: (a) knowingly; or (b) without belief in its truth; or (c) recklessly, careless as to whether it be true or false. The study found that top management, and the Board were corrupt. The maximum number of cuts should be reserved for serious manifestations of juvenile criminal delinquency, Butau 1994 (1) ZLR 240 (H). The year is followed by the volume, which is merely the edition of the law reports. Lakehouse then sought a contribution or indemnity from Cambridge to recover up to … … In Shariwa HB-37-03 the judge said that first offenders, especially young ones, should as far as possible be kept out of prison. The fine must be tailored to the means of X and, where necessary, X must be given time to pay or to pay in instalments: Peti & Ors 1966 RLR 591 at 593F; Mamwere 1978 RLR 374 (GD); Mutandwa HH-35-88; Dlamini HB-3-90. Counsel must be alive to the information which must be available before court may consider imposing community service: Chiweshe 1996 (1) ZLR 425 (H). Working conditions and labour relations in the private security industry in Zimbabwe: A research paper. The Zimbabwe Electronic Law Journal. Restrictive Business Practices the United Nations Set of Principles and Rules on. Defence counsel should familiarize themselves with the Community Service Guidelines. INTRODUCTION The primary purposes of this Article are to provide a comprehen­ sive survey of Zimbabwe's domestic environmental laws, to analyze the fundamental provisions of such laws, and to examine the correspond­ Examples of specialist courts The Labour Court The Administrative Court The Administrative Court as the Water Court Special court for income tax appeals Local courts on customary law Small Claims Court 6 The Legal Profession in Zimbabwe Introduction: The legal profession A divided or fused profession? It is also vitally important that defence counsel asks to the court to take into account the particular circumstances of the accused in relation to times of availability especially if the accused is employed or is a student. Examples of case law include all cases courts have previously ruled on that have to do with a particular legal topic, says NOLO. The most common abbreviations for electronic case law services in Canada include: CanLII, QL for LexisNexis Quicklaw, and WL Can for WestlawNext Canada. Political Context of the Zimbabwe Competition Law. Judicial officers are unfortunately behind in their treatment of young offenders and have not acclimatised to these alternative methods of treating youthful offenders. There is thus need to push for community service in appropriate cases: Manyevere HB-38-03; Shariwa HB-37-03. ABOUT US. I have taught this first-year Contract Law Cases - Examples Case Law. However, there were also guests sleeping in the hotel. This page was last edited on 28 June 2010, at 22:31. law as established in previous court rulings; like common law Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19; Guilt by association: the over-extension of the doctrine of common purpose; Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper; The State is not above the law: Enforcing a judgment against the State … Their recommendations should not be disregarded without good cause. This law firm is located in Harare, Zimbabwe we provide legal and advisory services to various individuals, families, small to medium enterprises, municipalities and public listed companies and other institutions. It is sought to be demonstrated that viewed from the angle of the purposes which a modern labour law should serve, the current law of strikes in Zimbabwe is both misconceived and ridiculous. 27. Precedent is the accumulated principles of law derived from centuries of decisions. Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. At this point it would be prudent to quote Chidyausiku’s predecessor, Justice Anthony Gubbay, from a lecture he delivered in 2009 in Britain titled The Progressive Erosion of the Rule of Law in Independent Zimbabwe, to make the whole point. Political Context of the Zimbabwe Competition Law. The number of hours should be reduced from what it might otherwise have been. The following cases are useful for defence lawyers when arguing on the matter of sentence: A fine must be a real option and not be excessive: Kunesu & Ors 1993 (2) ZLR 253 (H). women often have young children to care for. Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe 3 CHAPTER 1 WHAT IS ‘THE RULE OF LAW’? Business and Economics Journal, Volume 2011: BEJ-37. The routine imprisonment of such offenders should be avoided. States can use various sources of international law. It is particularly brutal and barbaric where the child is too immature to understand it, F (a juvenile)1988 (1) ZLR 327 (H). This report finds that legal accountability and the rule of law in Zimbabwe have been seriously eroded under the ZANU-PF government through its interference in the criminal justice system. Useful cases on sentence (Zimbabwe) From Criminal Defense Wiki. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. The interventionist role of planning in most cases is backed by legislation, which in most cases establishes what can be termed a 'legitimating' framework. Currently the law reports of Zimbabwe end at the 2010 edition. (examples coming up soon) 3. Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19; Guilt by association: the over-extension of the doctrine of common purpose; Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper; The State is not above the law: Enforcing a judgment against the State … OPERATIONAL DIRECTIONS FOR THE COURTS DURING LEVEL 2 LOCKDOWN, Complaint before the ICC - Crimes against Humanity and Genocide by Development of Outlawed Bioilogical Warfare Weapons by the People's Republic of China. It will be shown that the justifications for Zimbabwe's strike law are unclear and hence the ridiculous nature of the current law. Zimbabwe on the Financial Performance of Listed Securities. Another problem is the lack of investment in legal resources by the state. In Banda HB-72-04 it was stated that community service officers are trained officers of the court whose main function is to assess the suitability of a candidate for community service. Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19 Guilt by association: the over-extension of the doctrine of common purpose Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper Each case must be decided on its merits. The courts have observed that corporal punishment is a very severe form of punishment which should not be resorted to where other sentencing options are available: Tototai HH-5-02. Laws are created and used by the state apparatus (including the judiciary and administration) to legitimate state power. In this country there are advanced, modern and appropriate provisions for the treatment of young offenders. Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19 Guilt by association: the over-extension of the doctrine of common purpose Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper Some judgments that do not make it into the law reports are found in a compilation of unreported judgments called CYCLOSTYLED Judgments. It is the duty of the court to consider imposing community service where court decides that effective sentence of 24 months or less is appropriate, Mabhena 1996 (1) ZLR 134 (H) If the view is taken that the offence is not serious, consideration should be given to community service Mutukura HH-39-02. There is an essential difference between the case where the defendant honestly believes in the truth of a statement although he is careless, and where he is careless with no such honest belief. The year is followed by the volume, which is merely the edition of the law reports. Mariwo, Tsitsi 2008. To streamline the law of strikes in Zimbabwe, it will be essential to provide a clear justification for the right to strike which can then constitute the basis of the law. Further, the plaintiff should not endeavor to enforce two inconsistent remedies. “Unfortunately, what has happened since 2001 is a complete collapse of the rule of law, and it simply has been replaced by this dictatorial regime of Robert Mugabe," says Mark Ellis, the executive director of the International Bar Association. Female first offenders are generally treated more leniently than males, for three reasons: Harvey 1967 RLR 203 (A); Malunga 1990 (1) ZLR 124 (H). This article seeks to examine strike law in Zimbabwe in the light of international labour standards and principles of labour law. MDC-T local government secretary Eddie Cross . For cases from the United States, use the abbreviations Lexis and WL. It was held that there is no rule which states that where the amount of money involved is large, X must necessarily get a custodial sentence. Attempts by accused to rehabilitate himself between trial and hearing of appeal, Attempts by accused to right the wrong done, https://defensewiki.ibj.org/index.php?title=Useful_cases_on_sentence_(Zimbabwe)&oldid=3856, Glossary of Legal Terms English French Spanish PDF. Where the hours fixed by the court become inconvenient either to the institution or to the accused, then the court must be approached to vary the conditions imposed in the order. Courts of law, as part of the three pillars of the State, are also constitutionally obliged to take into account international law and all Treaties and conventions to which Zimbabwe is a party. This is due to lack of finance on the part of the Legal Resources Foundation. children by law. In Gumede HB-40-03 the court stated that to impose a fine, alternatively imprisonment, when it is clear that accused is not in a position to pay a fine and will end up serving the prison sentence is wrong. 2 Law Enforcement. Young offenders should be kept out of prison wherever possible: Marachera A-151-68; Mantwana S-20-82; Mayberry HH-248-86; Ncube HB-153-86; Mudekwe & Anor HH-7-86; Munyariwa HB-14-87; Chadyamunda HH-228-89; Chitanda HH-215-89; Kanoyerera HH-167-89; Van Jaarsveld HB-110-90; Shariwa HB-37-03. Education The struggle for democracy and the rule of law in Zimbabwe. In Sithole & Anor HH-101-03 it was observed that where a person is in employment or is a full-time student, a court imposing a community service order must allow community service to be carried out over week-ends or after working hours, by arrangement with the institution concerned. Laws establish the rules and conventi­ ons, which reflect the different societal or class interests. Examples of case law are recorded in books called reporters. Another problem is the lack of investment in legal resources by the state. These past decisions are called "case law", or precedent. The deputy minister allegedly solicited bribes while he was the Chief Executive Officer (CEO) of a state-owned bus company, ZUPCO. The Guide to Law Online Zimbabwe contains a selection of Zimbabwean legal, judicial, and governmental sources accessible through the Internet | Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. In Zimbabwe, the main remedies available for a breach or threatened breach are; specific performance, cancellation, interdict and damages. Restrictive Business Practices the United Nations Set of Principles and Rules on. Zimbabwe … The Copyright Act makes a distinction between the c… In Nyajena 1991 (1) ZLR 175 (S) the court took into account that during the lengthy interval between the arraignment of the appellant and the conclusion of the appeal, the appellant had obtained an undergraduate degree and was in the process of obtaining a Master's degree and that appellant had since the noting of his appeal pestered the Clerk of Court about the preparation of his record. THE ENVIRONMENTAL lAWS OF ZIMBABWE: A UNIQUE APPROACH TO MANAGEMENT OF THE ENVIRONMENT BRIAN J. NICKERSON* I. Gubbay addressed the gradual erosion of the rule of law under the Mugabe regime. The Zimbabwean law unlike the English law allows or permits the plaintiff to choose his remedies provided he does not want to just enrich himself. The following cases are useful for defence lawyers when arguing on the matter of sentence: Contents. Copyright 2011 International Bridges to Justice. 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