Legal Postgraduate Programmes Department: Recent submissions
Now showing items 1-20 of 39
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Right of access to superior court in the context of an application for rescission of a default judgement
(U. Z. Press., 2021-11-01)Once a default judgment has been granted, the judgment creditor usually proceeds to execute the judgment. In some instances, the defaulting party then applies for rescission of the default judgment. In Zimbabwe, the ... -
An analysis of directors' duties during mass resignations of directors in Zimbabwe
(U. Z. Press., 2021-11-01)Zimbabwe’s new Companies and Other Business Entities Act signifies one of the important developments in amplifying corporate governance principles by codifying the directors’ duties. The duties of a company director are ... -
Corporate directors' duty of care, skill and diligence under the new Zimbabwean Companies and Business Entities Act
(U. Z. Press, 2021-11-01)The new Zimbabwean Companies and Other Business Entities Act [Chapter 24:31] introduced far reaching changes to the corporate regulatory landscape in Zimbabwe. Significantly, COBE brought under the statutory purview, ... -
A critique of the constitutional provision for an independent complaints mechanism for the security services sector in Zimbabwe
(U. Z. Press., 2021-11-01)The increasing interaction between the civilian population and security sector institutions suggest the need for formal regulatory frameworks in the event such interaction degenerates into abuse of civilians by the uniformed ... -
Restricted Access to the Superior Courts of Zimbabwe Emanating from Discriminatory Prescription Periods in civil matters brought under the Police Act (11:01), the Labour Act (28:01) and The Insurance Act (24:01)
(U. Z. Press., 2021-11-01)For several years, several arguments have been advanced to justify the apparent discrimination emanating from the various pieces of legislation providing for the prescription. Notably are the Prescription Act (08:11), ... -
The propriety of state intervention in the enforcement of contracts in Zimbabwe
(U. Z. Press., 2021-11-01)The traditional and classical model of contract law is predicated on the idea that the parties involved generally have a genuine freedom of choice and that the parties' bargaining power is comparable to one another. It ... -
Selected aspects of the 2013 Zimbabwean Constitution and the declaration of rights
(Raoul Wallenberg Institute of Human Rights and Humantarian Law, 2022)This book examines the nature and scope of selected aspects of the 2013 Zimbabwean Constitution and the Declaration of Rights. Composed of 19 chapters examining the constitutional landscape for the protection of human ... -
The Judiciary and the Zimbabwean Constitution
(University of Zimbabwe Press, 2022) -
The Constitutional State and Traditionalism under the 2013 Zimbabwean Constitution: A Critique
(Raoul Wallenberg Institute of Human Rights and Humanitarian Law, 2019) -
Gender equality and women's rights under the 2013 Zimbabwean constitution
(Raoul Wallenberg Institute of Human Rights and Humanitarian Law, 2019) -
Labour rights under Zimbabwe’s new Constitution: The right to be paid a fair and reasonable wage
(University of Zimbabwe, 2019)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 ... -
The right to strike in Zimbabwe in the context of the 2013 Constitution and International Law.
(University of Zimbabwe, 2018)The right to strike is of cardinal importance in any labour law regime based on social justice and democracy in the workplace. It lies at the heart of the freedom of association, the right to organise and collective ... -
Abuse of power and authority: rape by coercion.
(University of Zimbabwe, 2018)There is a common misperception that rape can only be committed if a man uses physical violence to overpower anon-consenting woman and that the woman has physical injuries to prove that she resisted. As will be seen ... -
Judicial appointment in Zimbabwe: defining the concept of “fit and proper person.”
(University of Zimbabwe, 2018)As in other progressive jurisdictions, the Constitution of Zimbabwe provides that a person to be appointed to the office of a judge must be “a fit and proper person” although this concept is not defined in the Constitution. ... -
Should provocation be a partial defence to intentional killing of an adulterous spouse?
(University of Zimbabwe, 2018)During interaction in society, people often provoke others by their conduct or their words. There would be chaos and disorder in the society if people responded with violence when subjected to every minor provocation ... -
Looking back to look forward: Case note on S v Madondo & Anor 2015 (1) ZLR 807(H)
(University of Zimbabwe, 2018)The advent of the new Constitution1 in 2013 ushered in a new constitutional paradigm anchored on the sacrosanct principle of supremacy of the constitution. It envisages an open and democratic society where the enjoyment ... -
Constitutionality of the offence of deliberately transmitting HIV: Case Note on the Case of S v Ranchi HH 515-17
(University of Zimbabwe, 2018)The heading for this offence is “Deliberate transmission of HIV”. This is somewhat misleading. Although the offence can be committed if the accused actually infects the complainant,it can also be committed without proof ... -
Access to information laws, environmental rights and public participation in the wildlife sector
(University of Zimbabwe, 2019)The wildlife sector is strategic in Zimbabwe for its economic, social and ecological purposes and hence the right to access information on wildlife governance and conservation is critical. Zimbabwe has many municipal ... -
The Constitutional Court of Zimbabwe’s unconstitutional approach of applying rules of locus standi.
(University of Zimbabwe, 2019)This paper examines the rationality and legality of the rule of locus standi introduced by the Constitutional Court of Zimbabwe to the effect that no litigant is allowed to act in more than one capacity of locus standi ... -
Rights inference: Understanding the meaning of Section 46 of the Constitution of Zimbabwe beyond Gubbay CJ’s dictum.
(University of Zimbabwe, 2019)The Constitution of Zimbabwe guarantees a wide range of fundamental rights. These are set out in Chapter four-the Declaration of Rights. However, the Constitution is silent on a number of fundamental rights which include ...
