Public Law Staff Publications
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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 ... -
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 ... -
Actions against the police: Unreasonable obstacles to obtaining redress
(University of Zimbabwe, 2019)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. ... -
A timely and welcome decision on employer liability for pension arrears under section 13 (1) Labour Act [CHAPTER 28:01]
(University of Zimbabwe, 2019)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 ... -
Strengthening our law on child sexual abuse
(The Zimbabwe Electronic Law Journal, 2017-07) -
Constitutionality of the offence of deliberately transmitting HIV: Case note on the case of S v Mpofu & Anor CC-5-16
(The Zimbabwe Electronic Law Journal, 2017-01) -
Worlds Apart: Conflicting narratives on the right to protest
(The Zimbabwe Electronic Law Journal, 2016) -
The decision in Katekwe V Muchabaiwa: A critique*
(Zimbabwe Law Review, 1984-02) -
A conceptual expose of public interest litigation in post 2013 Zimbabwe
(University of Zimbabwe Student Law Review Journal, 2015)Zimbabwe recently witnessed a new constitutional phase through the enactment of the new Constitution, which saw the introduction of the concept of Public Interest Litigation, (hereinafter referred to as PIL). Zimbabwe’s ... -
Learning from others: An insight into the experiences in the enforcement of ESC rights in comparative foreign and international law jurisdictions
(University of Zimbabwe Student Law Review Journal, 2016-05)This paper was originally presented at the Economic Social and Cultural Rights Symposium held on the 17th of April 2015 and was organised by the International Commission of Jurists (ICJ) in collaboration with the Zimbabwe ... -
Parting the long grass: Public International law and the right to self determination
(University of Zimbabwe Student Law Review Journal, 2016-05)The right to self-determination is perhaps one of the most fundamental group rights entrenched, espoused and conferred by various international legal instruments. However, it is also axiomatic that the right to self-determination ... -
Chilling freedom of expression to the bone with a chilling offence: Case note on State v Chimakure, Kahiya & ZimInd Publishers (Pvt) Ltd Constitutional Application No. S-247-09; Judgment No S-14-13
(University of Zimbabwe Student Law Review Journal, 2016-05)This case note examines the reasoning of the Supreme Court leading to its conclusion that s 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Criminal Law Code”) is unconstitutional and ... -
Criminal Law Defences and the Right to Life in the New Constitution
(University of Zimbabwe Student Law Review Journal, 2016-05)This article explores the status of defences to criminal liability for causing the death of another person in the light of the nature of the right to life guarantee in section 48 of the 2013 Constitution.
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