https://hdl.handle.net/10646/767 2026-04-09T18:13:10Z 2026-04-09T18:13:10Z Matsvaire, Michelle Nyasha https://hdl.handle.net/10646/4742 2025-11-14T01:10:52Z 2022-01-01T00:00:00Z

The application of the United Nations guiding principles on business and human rights in Zimbabwe’s mining sector: prospects and challenges Matsvaire, Michelle Nyasha The current problem in Zimbabwe is still maximum exploitation and exploration of mineral resources and lack of full recognition of community rights by both state and non-state actors. The exploitation of natural resources and the governance of natural resources have posed many challenges resulting in what has been termed the resource curse. The resource curse has been broadly described as a scenario where mineral resources provide a substantial basis for economic growth for states with these resources, yet the exploitation of these resources in these states is not translating into broad-based economic development for the benefit of the general populace. The question that arises is that are long-term human rights needs not being overlooked in search of short to medium-term economic gains through disregard of the duties to protect and respect human rights. Another question which arises is whether this is a sustainable mode of operation considering the finite nature of natural resources. This thesis aims to look at the mining sector in Zimbabwe and the opportunities for improving the extractive through the application of the United Nations Guiding Principles on Business and Human Rights. The data for this research was obtained from desktop research. Doctrinal and analytical research was used to come up with the findings and recommendations. The findings indicate that there is room and scope to fully implement the United Nations Guiding Principles on Business and Human Rights in the mining sector in Zimbabwe. This can lead to sustainable development through the promotion, protection, and respect of human rights.

2022-01-01T00:00:00Z Mhishi, Llyod Mativenga https://hdl.handle.net/10646/4741 2025-11-14T01:11:05Z 2022-01-01T00:00:00Z

A legal critique on bankability of agricultural land rights in Zimbabwe. realities, problems and opportunities Mhishi, Llyod Mativenga The emotive issue of land can be traced back to the colonial occupation of Zimbabwe in the 1890s and the subsequent segregationist and discriminatory practices of the colonial authority. Indigenous African people were ruthlessly dispossessed of their lands and hemmed into infertile and sometimes not humanely habitable lands and that position existed right up to independence in 1980. Through draconian legislation and brutal force, the colonial settlers and government created a dual system of land rights in the colony under which the white settlers enjoyed greater rights including freehold, over the land they occupied with Africans only possessing occupation and use rights in the reserves/tribal trust lands. That history meant that the land issue was critical heading into independence and is connected to the land reform initiatives that followed after independence. While the independence government was hamstrung in its efforts to speed up land reform within the first 10 years by the strictures of the Lancaster house independence agreement and constitution, efforts after 1990 were met with resistance and aided by political preservation, agitation for land led to a chaotic land reform that culminated in new agricultural land rights in particular; the 99-year lease which though has had bankability issues. This research ends by analysing the 99 year lease as currently couched, and suggests ways in which the 99 year leases can be improved to enhance their bankability at a stage where the irreversibility of land reform is now beyond question.

2022-01-01T00:00:00Z Maunga, Calexy https://hdl.handle.net/10646/4740 2025-11-14T01:10:49Z 2022-01-01T00:00:00Z

A critical analysis of the dissenting shareholders’ appraisal rights remedy under the companies and other business entities act [chapter 24:31] Maunga, Calexy The appraisal remedy in Zimbabwean corporate law allows a shareholder who has voted against a company`s decision to alter rights attaching to a particular class of shares, to approve a major asset transaction and to merge with another company to exit the company through receiving a fair of their shareholding. This remedy is fairly novel in Zimbabwe having been introduced in 2019 through the Companies and Other Business Entities Act [Chapter 24:31]. Its introduction has been informed by the need to strengthen minority shareholder protection. This thesis discusses the content of the appraisal remedy as provided for in the Companies and Other Business Entities Act [Chapter 24:31]. It goes on to assess the effectiveness of the remedy as a mechanism for the protection of the minority shareholder. It argues that there are a number of procedural challenges that may see the remedy unpopular within the Zimbabwean Context. Further, the thesis caries a comparative analysis of the Zimbabwean, South African and Canadian jurisdictions on the position of the remedy in corporate law. The analysis reveals that of the three jurisdictions, the Canadian jurisdiction is the first to introduce the remedy in its legislation. South Africa introduced the remedy into its company law in 2008. Of the three jurisdictions, the thesis argues that the Canadian provisions on the subject are clearer and simple. The thesis concludes by making recommendations aimed at ensuring that the remedy serves its purpose in an effective manner. Among other things, it recommends that there is need for a number of amendments of the provisions in the Act to ensure that the provisions become clear to the shareholders who might elect to rely on them.

2022-01-01T00:00:00Z Mavunga, Tsungirirai Monica https://hdl.handle.net/10646/4739 2025-11-14T01:10:36Z 2022-01-01T00:00:00Z

A consideration of the mass resignation of directors and their duty to act in the best interests of the company: lessons for Zimbabwe Mavunga, Tsungirirai Monica This dissertation provides a compelling perspective on Zimbabwean company law, particularly corporate governance. It delves into the duties of company directors to act in the company's best interests when it comes to mass resignation and/or removal. Overall, the literature reviewed in this dissertation identifies the legal gap in the directors’ duties to act in the best interests of the company during mass resignation, the need to acknowledge the possibility of mass resignations, and ultimately, the need for policymakers to establish a regulatory framework for mass resignation and/or removal of directors in Zimbabwe. The dissertation starts with a historical exploration of the regulation of directors' duties in Zimbabwe before focusing on the current legislative framework under the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019, which partially codifies the directors' duties under consideration. Both the historical and contemporary analyses point to a legal gap in the regulation of directors' duties during mass resignations in Zimbabwe. The research reveals how jurisdictions such as Canada and India have dealt with the issue of mass resignation and/or removal of directors in order to better safeguard the company's and stakeholders' interests. The dissertation demonstrates how important it is to have a regulatory framework in place to safeguard companies’ interests and promote investor confidence among other things. The dissertation concludes with some recommendations for amending the current Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 to provide for the regulation of directors’ duties during mass resignations and/or removals of directors. It also provides conclusions and lessons that Zimbabwe can learn from the comparator jurisdictions.

2022-01-01T00:00:00Z