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Journal articles on the topic 'Zimbabwe – Law and legislation'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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1

Murombo, Tumai. "The Effectiveness of Initiatives to Promote Good Governance, Accountability and Transparency in the Extractives Sector in Zimbabwe." Journal of African Law 60, no. 2 (2016): 230–63. http://dx.doi.org/10.1017/s0021855316000061.

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AbstractThe regulation of the extractives sector in Zimbabwe has recently come under scrutiny due to the uncertain social, economic and political environment. Zimbabwe's mining sector was under colonial legislation for a long time and that legislation has recently been reviewed. Existing extractives sector laws do not adequately promote transparency and accountability, an issue recognized by stakeholders throughout the mining sector. The advent of the new constitution and law reform processes indicates Zimbabwe's intention to incorporate good governance, transparency and accountability provisi

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2

Maguchu, Prosper Simbarashe. "Money laundering, lawyers and President’s intervention in Zimbabwe." Journal of Money Laundering Control 20, no. 2 (2017): 138–49. http://dx.doi.org/10.1108/jmlc-01-2016-0004.

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Purpose This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal practitioners under the list of designated non-financial business and professions. Design/methodology/approach The study is a textual analysis of anti-money laundering legislation [anti-money laundering (AML) legislation] within the context of legal practice in Zimbabwe. Findings The amendment put Zimbabwe on the international standard in the fight against money laundering, as legal practitioners have become a soft target fo

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3

Makuyana, Tsanangurai. "Some Aspects of the New Microfinance Law in Zimbabwe." Mediterranean Journal of Social Sciences 8, no. 3 (2017): 209–17. http://dx.doi.org/10.5901/mjss.2017.v8n3p209.

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Abstract This paper analyses the new Microfinance Act [Chapter 24: 29] in order to reveal the shortcomings in the law and to suggest areas of possible improvement. The study was carried out using a purely desktop legal research method wherein a critical review of the piece of legislation was done against the theory surrounding microfinance business principles. The study concluded that the new Microfinance Act in Zimbabwe has a considerable number of shortcomings born out of both drafting loopholes and outright lack of thrust of principles promotive of the growth of the microfinance sector in t

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4

Chekera, Yolanda T., and Vincent O. Nmehielle. "The International Law Principle of Permanent Sovereignty over Natural Resources as an Instrument for Development: The Case of Zimbabwean Diamonds." African Journal of Legal Studies 6, no. 1 (2013): 69–101. http://dx.doi.org/10.1163/17087384-12342021.

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Abstract Extensive research has shown that revenue from the exploitation of natural resources can sustain development. Conversely, development research literature has shown that many developing countries have failed to use the natural resources to improve and sustain good living for their citizens. In most cases, those in political offices have squandered the resources and benefits that have accrued from the country’s natural endowments. This article explores how the international law principle of permanent sovereignty over natural resources (PSNR) could be used as a vehicle for development, p

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5

Chitimira, Howard. "A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1271.

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violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetr

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6

Manase, Wilson T. "Grassroots Education in Zimbabwe: Successes and Problems Encountered in Implementation by the Legal Resources Foundation of Zimbabwe." Journal of African Law 36, no. 1 (1992): 11–18. http://dx.doi.org/10.1017/s0021855300009694.

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Zimbabwe has a population of almost ten million people of which approximately 80 per cent, are poor and live in the rural areas. The majority of the rural population lack formal education and are ignorant of their rights. They have no access to legal services as most of the country's lawyers are based in the urban areas. Even if legal practitioners were accessible to them, they would not be able to pay for their services. Thus, they are liable to exploitation.Since independence, the changes in Zimbabwe law have been rapid, farreaching and progressive. In the absence of any co-ordinated mass ed

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7

Maguchu, Prosper. "Revisiting money-laundering legislation in Zimbabwe and the role of international organisations." African Security Review 27, no. 3-4 (2018): 278–90. http://dx.doi.org/10.1080/10246029.2018.1544915.

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8

Stevens, Joanna. "Colonial relics I: the requirement of a permit to hold a peaceful assembly." Journal of African Law 41, no. 1 (1997): 118–33. http://dx.doi.org/10.1017/s0021855300010020.

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In November 1993, in the case of NPP v. Inspector-General of Police, Archer, CJ., in striking down Ghanaian legislation providing for the licensing of peaceful assemblies, stated rhetorically:“… police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. …Those who introduced police permits in this country do not require police permits in their own country to hold public meetings and processions. Why should we require them?”Over the last three years, possible justifications for the retention of laws requiring that a permit be obtained prior to hol

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9

Nhapi, Innocent, and Huub J. Gijzen. "Wastewater management in Zimbabwe in the context of sustainability." Water Policy 6, no. 6 (2004): 501–17. http://dx.doi.org/10.2166/wp.2004.0033.

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Conventional sanitation approaches are rather inappropriate and expensive ways of providing a satisfactory solution to increasing wastewater problems in developing countries. This paper looks at the financial and environmental implications of the sanitation approaches adopted in Zimbabwe, and from the weaknesses identified, suggests a paradigm shift in which wastewater treatment is geared towards resource recovery and reuse. It was observed that unsustainable methods continue to be used because of deficient institutional arrangements and irrational technology choices made in the past. Natural

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10

Tigere, Patrick. "State Reporting to the African Commission: The Case of Zimbabwe." Journal of African Law 38, no. 1 (1994): 64–66. http://dx.doi.org/10.1017/s0021855300011475.

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Under the legal regime established by the African Charter on Human and Peoples’ Rights, country reports “on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter” must be submitted every two years. If a state is serious in its approach to human rights it might be assumed that such reports would be prepared and submitted in a timeous and thorough manner. The case of Zimbabwe indicates that this is not always the case.

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11

Nanima, Robert D. "THE LEGAL STATUS OF EVIDENCE OBTAINED THROUGH HUMAN RIGHTS VIOLATIONS IN UGANDA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 8, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a727.

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The Constitution of the Republic of Uganda, 1995 (Constitution of 1995) is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the Constitutions 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture inadmissible. This means that evidence obtained through human rights violations, other than torture is not covered by any other legislation in Uganda. The position is different in other common law jurisdictions such as South Africa, Kenya and Zimbabwe, which have c

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12

Hatchard, John. "The Constitution of Zimbabwe: Towards A Model for Africa?" Journal of African Law 35, no. 1-2 (1991): 79–101. http://dx.doi.org/10.1017/s0021855300008378.

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On 18 April, 1991, the Republic of Zimbabwe celebrated its 11th year of independence. Coincidentally, just a few months earlier, the 11th constitutional amendment Act was passed. This flurry of legislative activity was the result of a desire on the part of the government to develop a new constitutional structure rather than to remain with the constitution which was essentially imposed upon it by the British during the 1979 Lancaster House conference which eventually led to independence in 1980. The new constitutional model is of considerable interest as it is based upon those operating in many

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13

Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2515.

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This issue contains six diverse contributions on topics ranging from prostitution to rent control, unfair dismissals, civil liberties in Zimbabwe, prospecting rights and insolvency issues. The first article is from Sarah Pudifin (pupil advocate at the KwaZulu-Natal Bar) and Shannon Bosch (senior lecturer in law at the University KwaZulu-Natal), who examine countervailing South African public opinion on the subject of prostitution and identify the factors which might influence these attitudes. Sue-Mari Maass of the University of South Africa in the second article gives a comparative analysis of

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14

Marambanyika, Thomas, and Heinz Beckedahl. "The missing link between awareness and the implementation of wetland policy and legislation in communal areas of Zimbabwe." Wetlands Ecology and Management 24, no. 5 (2016): 545–63. http://dx.doi.org/10.1007/s11273-016-9486-y.

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15

Armstrong, Alice. "Maintenance Statutes in Six Countries in Southern Africa." Journal of African Law 34, no. 2 (1990): 132–44. http://dx.doi.org/10.1017/s0021855300008275.

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This article will analyse the legislative provisions relating to financial maintenance for women and children in six countries of southern Africa: Botswana, Lesotho, Mozambique, Swaziland, Zambia and Zimbabwe. These are the six countries involved in the Women and Law in Southern Africa research project, a comparative research project and network of researchers in the region. For the first two-year phase of the project, 1990–1991, the project is studying maintenance laws, their application and administration, and the attitudes, customs and practices which influence maintenance law in the six co

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16

Masekesa, Liberty Kudzai. "The Potential of Public-Private Partnerships (PPPs) in the Pursuit of Sustainable Development Goal 11 in Zimbabwe." Potchefstroom Electronic Law Journal 24 (August 6, 2021): 1–43. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9093.

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The international community has recognised cities as important drivers of development and poverty reduction by including SDG 11 in the United Nations 2030 Sustainable Development Agenda. Even though the Sustainable Development Goals (SDGs) do not have any legal force, SDG 11 seeks to make cities and human settlements across the world "inclusive", "safe", "resilient" and "sustainable" by 2030. While cognisant of the interdependence of these qualifiers, this article focusses on the issue of "sustainability" in the light of the view that a city cannot be said to be sustainable unless it is inclus

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17

Marupi, Omphile, Baba Primrose Tshotsho, and Raphael Nhongo. "The Functionality of Sotho as a Previously Marginalised Language in a Multilingual Educational Setting." Academic Journal of Interdisciplinary Studies 10, no. 2 (2021): 140. http://dx.doi.org/10.36941/ajis-2021-0045.

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The language policy issues in Zimbabwe are embedded in three documents which are the Education Act of 1987, the Nziramasanga Commission, and the current constitution which was passed into law in 2013. The paper examines the negatives and positives of these policies in education and how they facilitate the inclusion and exclusion of Sotho. The vague policies which are evasive on how indigenous languages should be treated when it comes to their use as media of instruction are problematised. Data used in this paper was supplemented with information that came from interviews with eight teachers fr

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18

Makamure, Kempton. "The Diploma in Legislative Drafting at the University of Zimbabwe: An Experience from the New Commonwealth." Statute Law Review 6, no. 2 (1985): 21–28. http://dx.doi.org/10.1093/slr/6.2.21.

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19

DUBE-MAWEREWERE, VIRGININIA. "A medico-judicial framework for the rehabilitation of forensic psychiatric patients in Zimbabwe." Journal of Forensic Practice 17, no. 2 (2015): 134–48. http://dx.doi.org/10.1108/jfp-10-2014-0036.

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Purpose – The purpose of this paper is to develop a medico-judicial framework for rehabilitation of forensic psychiatric patients in Zimbabwe. Design/methodology/approach – Grounded theory of the Charmaz (2006, 2014) persuasion was used. An exploratory qualitative design was utilised. The theoretical framework that was used as a point of departure was Pierre Bourdieu’s conceptual canon. Participants were purposefully and theoretically sampled. These included the judiciary, patients, patients’ family, psychiatrists, nurses, social workers, experts in forensic psychiatric practice. They were 32

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20

Li, Rita Yi Man, Yi Lut Li, M. James C. Crabbe, Otilia Manta, and Muhammad Shoaib. "The Impact of Sustainability Awareness and Moral Values on Environmental Laws." Sustainability 13, no. 11 (2021): 5882. http://dx.doi.org/10.3390/su13115882.

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We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Googl

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21

De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.

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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international c

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22

Chigudu, Andrew. "The Changing Institutional and Legislative Planning Framework of Zambia and Zimbabwe: Nuances for Urban Development." Land Use Policy 100 (January 2021): 104941. http://dx.doi.org/10.1016/j.landusepol.2020.104941.

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23

Aris, Ismail, Irfan Amir, and Septian Amrianto. "KONSTITUSIONALITAS HAK ANGKET DEWAN PERWAKILAN RAKYAT (DPR) TERHADAP KOMISI PEMBERANTASAN KORUPSI (KPK)." Al-Adalah: Jurnal Hukum dan Politik Islam 4, no. 2 (2019): 135–58. http://dx.doi.org/10.35673/ajmpi.v4i2.436.

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The development of the state institutional theory requires that it no longer seals every State institution only to depend on 3 (three) branches of power as the teaching of the new separation of power theory. On the other hand, the decision of the Constitutional Court and the Revision of the KPK Law are placed as executive institutions. So it is debated whether the KPK is a subject that can be rounded up, because it is an executive institution or the KPK cannot be made a subject of questionnaire rights because of its position as an independent agency agency? This study aims to determine and ana

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24

Gubbay, Anthony R. "Zimbabwe: Proposed Additional Money‐Laundering Legislation." Journal of Money Laundering Control 1, no. 4 (1998): 380–82. http://dx.doi.org/10.1108/eb027164.

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25

Richards, Kimberly, and Ephraim Govere. "Educational legislation in colonial Zimbabwe (1899-1979)." Journal of Educational Administration and History 35, no. 2 (2003): 137–51. http://dx.doi.org/10.1080/0022062032000119822.

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26

Warikandwa, Tapiwa V., and Patrick C. Osode. "Regulating Against Business "Fronting" to Advance Black Economic Empowerment in Zimbabwe: Lessons from South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (March 16, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a735.

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This article examines Zimbabwe’s indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa’s experiences in implementing its own indigenisation legislation. Both countries have encountered challenges relating to an upsurge in unethical business conduct aimed at defeating the objectives of their black economic empowerment programmes, policies and legislation. This practice is called business fronting. However, while South Africa has succeeded in enacting a credible piece of legislation aimed at addressing this issue, Zimbabwe has yet to do so. The artic

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27

Bonner, John. "Law and legislation." BSAVA Companion 2018, no. 11 (2018): 16–17. http://dx.doi.org/10.22233/20412495.1118.16.

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28

Coldham, Simon. "Succession Law Reform in Zimbabwe." Journal of African Law 42, no. 1 (1998): 129–34. http://dx.doi.org/10.1017/s0021855300010561.

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29

Williams, Brian. "Legislation." Probation Journal 33, no. 1 (1986): 27. http://dx.doi.org/10.1177/026455058603300109.

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30

Williams, Brian. "Legislation." Probation Journal 35, no. 1 (1988): 9. http://dx.doi.org/10.1177/026455058803500104.

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31

Kasuso, Tapiwa Givemore, and Kudakwashe Sithole. "Protection of the Rights of Employees in Insolvency Law: A Zimbabwean Perspective." Journal of African Law, December 3, 2020, 1–22. http://dx.doi.org/10.1017/s0021855320000273.

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Abstract Until recently, Zimbabwean insolvency law was unconcerned with rights of employees on insolvency of the employer. The new Insolvency Act points in a different direction. It guarantees limited rights of workers in their capacity as creditors and as employees. There is a convergence of insolvency law and labour law. These are legal disciplines with contradictory philosophies. This contribution analyses the rights of employees on insolvency in Zimbabwe. The review is informed by international best practices. The article establishes that Zimbabwe follows the “model two: bankruptcy prefere

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32

"New Legislation on Legal Aid in Zimbabwe." Journal of African Law 41, no. 2 (1997): 247. http://dx.doi.org/10.1017/s0021855300009451.

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The Legal Aid Act, 1996, greatly improves access to legal aid. It provides that a person is eligible for legal aid in connection with any criminal, civil or other related matter if, in die opinion of the Director of Legal Aid, diat person (i) omerwise has insufficient means to obtain the services of a legal practitioner; (ii) has reasonable grounds for initiating, carrying on, defending or being a party o t the case; and (iii) is in need of and would benefit from such legal assistance. An individual may apply direct to the Director of the Legal Aid Directorate or a judge, magistrate or die Att

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33

Makwaiba, Basutu S. "Tension between the individual's fundamental human rights and the protection of the public from infectious and formidable epidemic diseases." African Human Rights Law Journal 21, no. 1 (2021). http://dx.doi.org/10.17159/1996-2096/2021/v21n1a14.

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SUMMARY Emerging infectious and formidable epidemic diseases are a cause for concern and a serious threat to the global health. At the time of writing a number of these diseases have no cure. States in their domestic legislation applicable to matters of public health have come up with approaches to deal with such diseases. Zimbabwe has enacted primary legislation and regulations dealing with public health in an effort to suppress and prevent these diseases. The Zimbabwean Public Health Act, for example, authorises the notification of infectious and formidable epidemic diseases and the inspecti

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34

"The Sad Tale of the POSB in Zimbabwe." Journal of African Law 44, no. 1 (2000): 132–33. http://dx.doi.org/10.1017/s0021855300012146.

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In Zimbabwe, the initials “POSB” are well known as the acronym for the Post Office Savings Bank. These initials also came to symbolize a major step towards the development of a more acceptable security law with the publication of the Public Order and Security Bill (POSB). According to the Memorandum accompanying the draft legislation, it would

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35

Addaney, Michael, and Chantelle Gloria Moyo. "Women’s Rights, Gender and Climate Change Law in Africa: Advancing an Equity Agenda." Journal of Law, Society and Development 5, no. 1 (2018). http://dx.doi.org/10.25159/2520-9515/7066.

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The consequences of climate change are not only disproportionately felt by the most vulnerable and poorest populations, there are also disparities along gender lines. The connections between climate change, gender equality and women’s rights are not only complicated but also multidimensional. In contrast, most existing studies on gender and climate change action offer a narrow conception of what gender equality and women’s rights mean in the context of climate change action. Considering these thorny linkages between climate change, gender equality and women’s rights in Africa, this article exa

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36

"ZIMBABWE: Indigenisation Law." Africa Research Bulletin: Economic, Financial and Technical Series 47, no. 2 (2010): 18592A—18593C. http://dx.doi.org/10.1111/j.1467-6346.2010.03138.x.

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37

"ZIMBABWE: Equity Law Revoked." Africa Research Bulletin: Economic, Financial and Technical Series 56, no. 7 (2019). http://dx.doi.org/10.1111/j.1467-6346.2019.09059.x.

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"ZIMBABWE: Indigenisation Law Changes." Africa Research Bulletin: Economic, Financial and Technical Series 51, no. 5 (2014): 20415C—20417A. http://dx.doi.org/10.1111/j.1467-6346.2014.05829.x.

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"ZIMBABWE: Equity Law Deadline." Africa Research Bulletin: Economic, Financial and Technical Series 53, no. 3 (2016): 21208A—21209A. http://dx.doi.org/10.1111/j.1467-6346.2016.06992.x.

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40

"Legislation." Commonwealth Law Bulletin 14, no. 3 (1988): 935–69. http://dx.doi.org/10.1080/03050718.1988.9985977.

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"Legislation." Commonwealth Law Bulletin 14, no. 4 (1988): 1225–36. http://dx.doi.org/10.1080/03050718.1988.9985990.

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"Legislation." Commonwealth Law Bulletin 15, no. 1 (1989): 1–39. http://dx.doi.org/10.1080/03050718.1989.9986003.

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"Legislation." Commonwealth Law Bulletin 15, no. 2 (1989): 379–402. http://dx.doi.org/10.1080/03050718.1989.9986018.

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"Legislation." Commonwealth Law Bulletin 15, no. 3 (1989): 703–26. http://dx.doi.org/10.1080/03050718.1989.9986032.

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"Legislation." Commonwealth Law Bulletin 15, no. 4 (1989): 1115–65. http://dx.doi.org/10.1080/03050718.1989.9986046.

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"Legislation." Commonwealth Law Bulletin 16, no. 1 (1990): 1–31. http://dx.doi.org/10.1080/03050718.1990.9986061.

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"Legislation." Commonwealth Law Bulletin 16, no. 2 (1990): 405–28. http://dx.doi.org/10.1080/03050718.1990.9986073.

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"Legislation." Commonwealth Law Bulletin 16, no. 3 (1990): 699–724. http://dx.doi.org/10.1080/03050718.1990.9986085.

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"Legislation." Commonwealth Law Bulletin 16, no. 4 (1990): 1103–32. http://dx.doi.org/10.1080/03050718.1990.9986099.

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"Legislation." Commonwealth Law Bulletin 17, no. 1 (1991): 1–21. http://dx.doi.org/10.1080/03050718.1991.9986112.

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