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Relevant bibliographies by topics / Zimbabwe. High Court

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Academic literature on the topic 'Zimbabwe. High Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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Journal articles on the topic "Zimbabwe. High Court"

1

Jones, Oliver R., and Chido Dunn. "Legal Documents Relating to Land Reform in Zimbabwe." International Legal Materials 49, no. 5 (2010): 1380–403. http://dx.doi.org/10.5305/intelegamate.49.5.1380.

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In Gramara (Private) Ltd. & Others v. Government of Zimbabwe & Others (‘‘Gramara’’)1 and Von Abo v. Government of South Africa (‘‘Von Abo’’),2 the legitimacy of Zimbabwe’s land reform program has once again come under the judicial microscope. In Gramara, Judge Patel of the Zimbabwean High Court refused to enforce a decision of the Southern African Development Community (‘‘SADC’’) Tribunal that declared the program inconsistent with a range of human rights protections. By contrast, in Von Abo, Judge Prinsloo of the South African High Court virulently condemned the South African governme

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2

Mujuzi, Jamil Ddamulira. "The Admissibility of Evidence Obtained through Human Rights Violations in Ghana: Analysing Cubagee v Asare and Others (NO. J6/04/2017) [2018] GHASC 14 (28 February 2018)." African Journal of Legal Studies 12, no. 1 (2019): 81–105. http://dx.doi.org/10.1163/17087384-12340044.

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Abstract The Constitution of Ghana, unlike those of other African countries such as Zimbabwe, Kenya, and South Africa is silent on the issue of the admissibility of evidence obtained through human rights violations. Jurisprudence from Ghana demonstrates that although there had been cases in which the High Court and the Court of Appeal briefly dealt with this type of evidence, the Supreme Court, the highest court in Ghana, had not expressed an opinion on this issue until recently. In February 2018, in the case of Cubagee v Asare and Others, the Supreme Court laid down the criteria that Ghanaian

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3

Magliveras, Konstantinos D., and Gino J. Naldi. "When Politics Prevail Over the Rule of Law: The Demise of the sadc Tribunal." International Human Rights Law Review 10, no. 1 (2021): 124–54. http://dx.doi.org/10.1163/22131035-01001001.

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Abstract The article questions whether the Tribunal of the Southern Africa Development Community (sadc) ought to have entertained human rights cases given that the sadc Treaty does not endow it with such jurisdiction. It then analyses its demise in 2010, which was prompted by several rulings against Zimbabwe, whose policy of expropriating land without compensation was held to violate human rights. The pertinent aspects of these cases are reviewed, and the significance of Zimbabwe’s land reform programme is explained. The article elucidates why sadc leaders were prepared to suspend the Tribunal

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4

Nakitto, Saidat. "South Africa’s Exercise of Universal Jurisdiction." International Human Rights Law Review 3, no. 1 (2014): 146–58. http://dx.doi.org/10.1163/22131035-00301005.

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On 27 November 2013 the Supreme Court of Appeal of South Africa affirmed the decision of the High Court that South Africa’s Implementation of the Rome Statute of the International Criminal Court Act 2002 (icc Act) empowered South African officials to initiate investigations into crimes against humanity committed in Zimbabwe in the absence of the perpetrators in South Africa. This decision was in response to the true interpretation of section 4(3)(c) of the icc Act providing for universal jurisdiction. This paper examines the judgment of this Court, arguing that though customary international l

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5

Mussi, Francesca. "From the Campbell Case to a Recent Ruling of the Constitutional Court of South Africa: Is There Any Hope to Revive the Tribunal of the Southern African Development Community?" African Journal of International and Comparative Law 28, Supplement (2020): 110–37. http://dx.doi.org/10.3366/ajicl.2020.0334.

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This article provides a critical analysis of the judgments delivered by the Regional High Court of Pretoria in the case Law Society of South Africa et al. v. President of the Republic of South Africa, the Minister of Justice and Constitutional Development, the Minister of International Relations and Co-operation and the Constitutional Court of South Africa in Law Society of South Africa and Others v. President of the Republic of South Africa and Others in order to investigate to what extent they can contribute to discuss the revival of the SADC Tribunal with all its original powers. After prov

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6

Magashula, Kutlwano Pearl, and Charles Ngwena. "Beyond symmetrical binaries: The emergence of the constitutional recognition of transgender persons in Zimbabwe with reference to Nathanson v Mteliso & Others." African Human Rights Law Journal 23, no. 2 (2024): 386–409. http://dx.doi.org/10.17159/1996-2096/2023/v23n2a7.

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In this case discussion we explore the constitutional and human rights implications of a decision of a High Court of Zimbabwe in Nathanson v Mteliso & Others for the recognition of transgender identity. The Court found that the arrest and detention of a transgender woman on the claim that she was a man who had entered a women's toilet were unlawful. It is argued that while the decision stops well short of a comprehensive engagement with the intersection between gender diversity and fundamental rights, it nonetheless is progressive. The decision should be understood as standing for the prop

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7

Brett, Peter. "Who are judicial decisions meant for? The ‘global community of law’ in Southern Africa." International Political Science Review 39, no. 5 (2018): 585–99. http://dx.doi.org/10.1177/0192512118773449.

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Rationalist models of judicial decision-making expect courts to defend their institutional integrity in politically sensitive cases. This article presents two African case studies of courts not doing so. They have elicited predictable backlash from executives and placed their institutions in avoidable danger. I argue that judges’ desire for esteem from emerging global judicial networks can explain this otherwise puzzling behaviour. These new networks become particularly salient in human rights cases. This conclusion partially supports Anne-Marie Slaughter’s controversial claims about the signi

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8

Govender, Karthy, and Paul Swanepoel. "Cynicism and the Rule of Law: A Critical Analysis of President of the RSA V M&G Media Limited 2012 2 SA 50 (CC) and Associated Judgments." Southern African Public Law 30, no. 2 (2017): 580–97. http://dx.doi.org/10.25159/2522-6800/3593.

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In June 2015 the High Court granted an interim order prohibiting Sudanese President Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested

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9

Werle, G., and P. C. Bornkamm. "Torture in Zimbabwe under Scrutiny in South Africa: The Judgment of the North Gauteng High Court in SALC v. National Director of Public Prosecutions." Journal of International Criminal Justice 11, no. 3 (2013): 659–75. http://dx.doi.org/10.1093/jicj/mqt036.

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10

Vengesai, Priccilar. "Mangwende v Machodo: Bride price refund and the violation of women's rights in contemporary Zimbabwe." African Human Rights Law Journal 23, no. 1 (2023): 205–17. http://dx.doi.org/10.17159/1996-2096/2023/v23n1a9.

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This article undertakes an analysis of a Zimbabwean High Court case, Mangwende v Machodo, on the refund of the bride price. It is ascertained in the article that the bride price is a legal requirement for customary marriages, hence constituting a significant founding culture for customary marriages. A point of contention motivating the article is, as was held in the case under discussion, that a cheating wife's bride price may be withheld by the husband who would have not paid it in full or, where it was paid up, he can be refunded in full. The gap that exists in this scenario is that, in the

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Books on the topic "Zimbabwe. High Court"

1

Court, Zimbabwe High. Rules of the High Court of Zimbabwe. Legal Resources Foundation, 2005.

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2

Court, Zimbabwe High. Rules of the High Court of Zimbabwe. High Court of Zimbabwe, 2010.

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