Faculty of Law: Recent submissions
Now showing items 101-120 of 185
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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 ... -
The role of the criminal law in the protection of women against gender-based violence.
(University of Zimbabwe, 2018)The preamble affirms that “violence against women constitutes a violation of the rights and fundamental freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms” and it expresses concerned ... -
Exploring the concepts of minority and minority language in International Human Rights Law.
(University of Zimbabwe, 2018)International human rights law does not currently define a minority. For instance, the International Covenant on Civil and Political Rights protects minority rights in article 27 without defining the term minority. The ... -
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 ... -
Reflecting on the applicability of freedom, sanctity and privity of Contract in Zimbabwean Law Of Contract
(University of Zimbabwe, 2019)This paper examines the applicability of the long established contractual doctrines of freedom of contract, sanctity of contract and privity of contract in modern day Zimbabwean law of contract. It argues that even ... -
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 ... -
The rules of civil procedure in the magistrates courts of Zimbabwe: when rules of civil procedure become an enemy of justice to self-actors.
(University of Zimbabwe, 2019)Access to justice is central to justice delivery in any democratic society. Most initiatives in Zimbabwe on access to justice are focused on the substantive law. Recently an attempt was made to reform rules of civil ... -
Using women's voices and experiences to interrogate the efficacy of the International Criminal Justice System (ICJS): The case of the Rwanda 1994 Genocide.
(2019-10-01)This study analyzes the interactions between the International Criminal Justice System (ICJS) and survivor witnesses of conflict related sexual violence (CRSV) committed during the 1994 Rwandan genocide. It focuses on ... -
A legal analysis of the constitutional right to basic education in Zimbabwe and South Africa
(2019-10)The year 1990 was a momentous year with world countries agreeing for the first time, through the World Declaration on Education for All, 1990, (World Declaration) that basic education was the type of education which would ... -
The policy legislative framework for Zimbabwe's fast track land reform and its Implications on women's rights to agricultural land
(2018-03)This study explores the rights of Zimbabwean women to access agricultural land on the basis of equality with men and in their own right under the country’s Fast Track Land Reform Programme (FTLRP). The focus is on the ... -
“Judicial management as a business rescue scheme” A critique of the effectiveness of judicial management as a rescue scheme
(2018-02)The main thrust of the study was to ascertain the effectiveness of judicial management procedure as a corporate rescue scheme. Thus the research unraveled the shortcomings of the laws of insolvency in light of the ... -
The doctrine of constitutional avoidance as a nemesis to public interest and strategic impact litigation in Zimbabwe: Thesis, antithesis and synthesis
(2018-02)The case of Zinyemba v Minister of Lands and Rural Settlement, CCZ 3/16 clearly set the pace for the Constitutional Court’s use of the doctrine of constitutional avoidance. Since then, the Court’s judges have invoked the ... -
Protected but exposed: A critique of the right to privacy and reporting of domestic violence cases in the media
(2017-02)In Zimbabwe, when complainants of domestic violence apply for a protection order from the civil court the cases are reported in the media. Media reports identifies the victims by name. This study seeks to analyse the ... -
Strengthening our law on child sexual abuse
(The Zimbabwe Electronic Law Journal, 2017-07) -
The impact of urban expansion into peri-urban communal areas on rural women’s land Rights: A case study of Seke Communal Area, Zimbabwe
(2017)The author of this dissertation is a lawyer with a background of a rural upbringing and is very alive to the embeddedness of rural women’s lives in land for livelihoods and fosters a desire to improve their land rights. ... -
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)
