The year is followed by the volume, which is merely the edition of the law reports. understand the law. Zimbabwe is party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which bans trade in ivory. This article seeks to examine strike law in Zimbabwe in the light of international labour standards and principles of labour law. 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. 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. 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. 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? Precedent is the accumulated principles of law derived from centuries of decisions. business law cases in zimbabwe Special provisions relating to insurance business. Laws are created and used by the state apparatus (including the judiciary and administration) to legitimate state power. If the court intends to keep an accused out of custody then the sentence should be clearly focused towards that goal and not depend on the hope of someone else coming to his rescue unless there is clear evidence that a third party has volunteered to do so. States can use various sources of international law. Commercial Law, University of Zimbabwe. Restrictive Business Practices the United Nations Set of Principles and Rules on. Contract Law Cases - Examples Currently the law reports of Zimbabwe end at the 2010 edition. Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe 3 CHAPTER 1 WHAT IS ‘THE RULE OF LAW’? This is due to lack of finance on the part of the Legal Resources Foundation. 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]. The scope of this area of law clearly has no limit. Lakehouse then sought a contribution or indemnity from Cambridge to recover up to … For cases from the United States, use the abbreviations Lexis and WL. 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. 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. “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. Issue Paper No. Kanokanga & Partners is a multi discipline law firm established in 1991. 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 … Hagglund, G. and C. Provis 2005. The following cases are useful for defence lawyers when arguing on the matter of sentence: Contents. Counsel must be alive to the information which must be available before court may consider imposing community service: Chiweshe 1996 (1) ZLR 425 (H). 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. Questionnaires and face to face interviews were used to gather data from Senior Government Officials and the general public. 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. Laws establish the rules and conventi­ ons, which reflect the different societal or class interests. Non-intervention in Zimbabwe has been the usual AU response to atrocities committed there. 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. (examples coming up soon) 3. 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 This page was last edited on 28 June 2010, at 22:31. 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. This is a non-exhaustive list but a good example of how contract law not only creates the basis for the relationship between individuals, companies etc, but also regulates their rights and obligations and ultimately provides a solution in the event of a dispute. Case note on the case of S v Ranchi HH 515-17, The Zimbabwe Electronic Law Journal Now a Refereed Journal and the Editors invite you to contribute articles for future volumes. 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. He was charged together with … Defamation: protecting reputation or suppressing media freedom? Restrictive Business Practices the United Nations Set of Principles and Rules on. 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. In June 2019, the government banned all foreign currencies to bring the Zimbabwe Dollar back to life. The maximum number of cuts should be reserved for serious manifestations of juvenile criminal delinquency, Butau 1994 (1) ZLR 240 (H). This is due to the lack of finance on the part of the Legal Resources Foundation. Zimbabwe is part of a family of nations that form the international community. 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. 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. On whether a direct sentence of community service may be suspended see Maramba & Anor 2000 (2) ZLR 69 (H). 27. I have taught this first-year The Zimbabwe Electronic Law Journal. He was therefore charged with not only arson, but also with intent to endanger human life. For example, Zimbabwe Law Reports 2002 Part (1). Prosper.HH 52-14.pdf, 394. The number of hours should be reduced from what it might otherwise have been. The Zimbabwe Republic Police (ZRP) arrested and formally charged the Deputy Minister of Information and Publicity, Minister Bright Matonga for alleged corruption. A fire broke out at the school, caused by Cambridge, for which Haberdashers sought damages from Lakehouse. 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. women often have young children to care for. … An HIV mother breastfeeding a baby: Did she commit a criminal offence? behaviour on the performance of state corporations in Zimbabwe. For and behalf sic of TEXTBOOK SALES … Home > Our Knowledge > Construction case law update - Top 5 construction cases of 2018 This two-part series explores the top construction court cases of 2018, providing an understanding of the key developments in construction law and adjudication practice and how these might affect your construction projects and disputes in 2019. Some judgments that do not make it into the law reports are found in a compilation of unreported judgments called CYCLOSTYLED Judgments. 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. Judicial officers are unfortunately behind in their treatment of young offenders and have not acclimatised to these alternative methods of treating youthful 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 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 courts should regard community service as their first port of call when it comes to sentencing. Examples of case law include all cases courts have previously ruled on that have to do with a particular legal topic, says NOLO. Currently the law reports of Zimbabwe end at the 2002 edition. children by law. 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 There are various laws that are used to unite States. 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. 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. A court's written opinions are called case law, and they often interpret unclear state laws. … Another problem is the lack of investment in legal resources by the state. The conciliation step of the unfair dismissal process in South Australia. These past decisions are called "case law", or precedent. 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 … law as established in previous court rulings; like common law It will be shown that the justifications for Zimbabwe's strike law are unclear and hence the ridiculous nature of the current law. 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. Another problem is the lack of investment in legal resources by the state. Works that are eligible for copyright protection include literary works, artistic works, sound recordings and audio-visual works. Zimbabwe on the Financial Performance of Listed Securities. In this country there are advanced, modern and appropriate provisions for the treatment of young offenders. The right to strike is restricted by Zimbabwe Labour Law as there are a number of requirements in the law. 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. Political Context of the Zimbabwe Competition Law. Each case must be decided on its merits. 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? Political Context of the Zimbabwe Competition Law. 2 Law Enforcement. The Copyright Act makes a distinction between the c… The claim settled for £8.75 million, paid by the project insurers. 65–86. 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. However, there were also guests sleeping in the hotel. 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. On whether further suspended term of imprisonment may be imposed in addition see Mhlanga & Anor 2000 (2) ZLR 73 (H). Further, the plaintiff should not endeavor to enforce two inconsistent remedies. Where there is such a recommendation, defence counsel should refer to this case and submit to the court that the recommendation should be followed. Even where the amount is large, if X has, on his own initiative and accord prior to conviction and sentence made good his damage by paying full restitution and in circumstances that clearly indicate that he is contrite, repentant and certainly reformed, a fine may be appropriate. 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. Copyright 2011 International Bridges to Justice. Gubbay addressed the gradual erosion of the rule of law under the Mugabe regime. A case study approach was taken involving the Zimbabwe Broadcasting Corporation, which is the sole broadcaster in the country. Business and Economics Journal, Volume 2011: BEJ-37. 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. 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. Working conditions and labour relations in the private security industry in Zimbabwe: A research paper. 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. 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. Female first offenders are generally treated more leniently than males, for three reasons: Harvey 1967 RLR 203 (A); Malunga 1990 (1) ZLR 124 (H). It collects complaints from the public, conducts follow-up investigations and, if necessary, files a lawsuit against the offending entity. 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. 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 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. 5 Hence the recent AU criticisms of the June 27th elections were welcomed by the international community. Education The struggle for democracy and the rule of law in Zimbabwe. The year is followed by the volume, which is merely the edition of the law reports. 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. The Rule of Law in Zimbabwe Robert Mugabe was elected into power in Zimbabwe in 1980, the year Zimbabwe was granted independence from Britain. Imprisonment is a severe punishment which must only be imposed as a last resort Mpofu (2)1985 (1) ZLR 285 (H). THE ENVIRONMENTAL lAWS OF ZIMBABWE: A UNIQUE APPROACH TO MANAGEMENT OF THE ENVIRONMENT BRIAN J. NICKERSON* I. Faculty of Law, University of Zimbabwe. For example, Zimbabwe Law Reports 2002 Part (1). For example, during the 2005 Operation Murambatsvina, the AU rejected calls to put pressure on Zimbabwe to stop demolishing homes and markets. 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). 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. 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. Specific examples of international legislation in national law are given to illustrate the transformation of international law into national law. The routine imprisonment of such offenders should be avoided. There is thus need to push for community service in appropriate cases: Manyevere HB-38-03; Shariwa HB-37-03. Useful cases on sentence (Zimbabwe) From Criminal Defense Wiki. e. The Zimbabwe United Passenger Company (ZUPCO) Scandal. 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. MDC-T local government secretary Eddie Cross . Use CanLII references where possible because this source will be freely available to anyone. 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. The most common abbreviations for electronic case law services in Canada include: CanLII, QL for LexisNexis Quicklaw, and WL Can for WestlawNext Canada. 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. Examples of case law are recorded in books called reporters. Mariwo, Tsitsi 2008. 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. 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. The FTC acts as both an investigator and an enforcer. 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. The study found that top management, and the Board were corrupt. Case Law. ABOUT US. 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. Jump to navigation Jump to search. Research paper direct sentence of community service Guidelines two inconsistent remedies ( including the judiciary and administration ) legitimate. 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