An Introduction to Zimbabwean Law


Book Description

This is an introductory textbook on the Zimbabwean legal system. It sets the stage for a comprehensive description of that legal system by opening with some theoretical issues on the nature of law in general, particularly a definition of law, the role and purpose of law in society, the relationship between law and justice and how morality impacts on law. After outlining this theoretical framework, it turns to the Zimbabwean legal system and covers the following key areas: sources of Zimbabwean law, the scope of Roman-Dutch law in Zimbabwe, the law-making process and the role of Parliament, the structure of the courts in Zimbabwe, the procedures in the civil and criminal courts, the legal aid system and the nature of the legal profession. It covers the process of appointment of judges and its effect on the independence of the judiciary. It has a long closing chapter on the interpretation of statutes covering all the rules, maxims and presumptions.




Labour Law in Zimbabwe


Book Description

This is a comprehensive textbook on Zimbabwean labour law. After detailing the history and purpose of the law, it offers a comprehensive review of contracts of employment, termination, the rights of organisation and association, and collective bargaining. Dispute settlement is discusses within the contexts of the right to strike, conciliation and arbitration, and the role of the courts in adjudication. State employment is treated separately, as it is governed by constitutional law as well as labour law. The book concludes with chapters covering aspects of social security in Zimbabwe, and a discussion on international labour law.




A Guide to the Zimbabwean Law of Delict


Book Description

This Guide provides an outline of the main aspects of the Zimbabwean Law of Delict. Delict is a concept of civil law in which a willfull wrong or an act of negligence gives rise to a legal obligation between the parties, despite the lack of a contract. A Cases section follows the main text, containing summaries of salient Zimbabwean cases and also of some important South African and English cases.







Business Law in Zimbabwe


Book Description

This comprehensive edition covers all areas of business law in the Zimbabwean context. It includes cases and legislation, and South African, English and other authorities have been relegated to the detailed footnotes.




The Struggle Over State Power in Zimbabwe


Book Description

This book examines the role of the law in the constitution and contestation of state power in Zimbabwean history. It is for researchers interested in the history of the state in Southern Africa, as well as those interested in African legal history.




Displacement, Elimination and Replacement of Indigenous People


Book Description

Colonial scholars have taken immense pleasure in portraying Africans as possessed by spirits but as lacking possession and ownership of their resources, including land. Erroneously deemed to be thoroughly spiritually possessed but lacking senses of material possession and ownership of resources, Africans have been consistently dispossessed and displaced from the era of enslavement, through colonialism, to the neocolonial era. Delving into the historiography of dispossession and displacement on the continent of Africa, and in particular in Zimbabwe, this book also tackles contemporary forms of dispossession and displacement manifesting in the ongoing transnational corporations land grabs in Africa, wherein African peasants continue to be dispossessed and displaced. Focusing on the topical issues around dispossession and repossession of land, and the attendant displacements in contemporary Zimbabwe, the book theorises displacements from a decolonial Pan-Africanist perspective and it also unpacks various forms of displacements – corporeal, noncorporeal, cognitive, spiritual, genealogical and linguistic displacements, among others. The book is an excellent read for scholars from a variety of disciplines such as Geography, Sociology, Social Anthropology, History, Linguistics, Development Studies, Science and technology Studies, Jurisprudence and Social Theory, Law and Philosophy. The book also offers intellectual grit for policy makers and implementers, civil society organisations including activists as well as thinkers interested in decolonisation and transformation.




Private International Law in Commonwealth Africa


Book Description

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.




Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa


Book Description

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography