Expert opinion evidence under Section 22 of Zimbabwe’s Civil Evidence Act. Admissibility, weight, and key cases including Ndzombane v The State.
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In Zimbabwe a large number of people believe in the supernatural and witchcraft. The court in S v Tshuma HB171/2022 had occasion to comment on this as follows; “…I also recognize that large sections of the African communities in this country believe in witchcraft. The belief in the power of prophets and witch-hunters is very
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The law sometimes recognizes that the employer and the employee as parties to an employment contract do not wield the same power. In Greatermans Stores (1979) (Private Limited) t/a Thomas Miekles Stores & Anor v The Minister of Public Service, Labour and Social Welfare & Anor CCZ 2/18 the Constitutional Court accepted this principle and
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An executor can be removed on application by the Master of the High Court or by an interested party. The amended section 117 of the Administration of Estates Act provides as follows; “117 Removal of executor, tutor or curator from office This section does not deprive any interested party of the right under the common
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Fraudulent misrepresentation occurs where a person deliberately deceives or tricks another to conclude a contract. It is fraudulent misrepresentation if the representation is made knowingly, without belief in its truth or recklessly (fraudulent diligence in ignorance) (see Derry v Peek (1889) 14 App Cas 337). In Boudtich v Peel and Magill, 1921 AD, 561 (a case cited in Makhiwa
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Section 14 (4) of the Labour Act (Chapter 28:01) grants the employer the right to terminate the employment of an employee who has exhausted the sick leave prescribed in the Act or in the contract of employment if this is more favourable. Section 14 (4) provides as follows; (4) If, during any one-year period of service,
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Worldwide, most if not every country has a social security scheme providing for one or another form of compensation for work-related injuries, death and diseases. Zimbabwe has a statutory system for the payment of compensation for three work-related situations namely injury, deaths and diseases. The main statutory system is provided in terms of the National
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Suspension in employment law terms refers to a disciplinary related measure whereby an employee is sent away from work for a specific period of time with or without pay. Suspension may be of two kinds; it may be imposed either as a precautionary measure to enable the employer to carry out investigations pertaining to a
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In Zimbabwe, only a registered legal practitioner who is in possession of a valid practising certificate may practice the profession of law. The same applies to a registered notary public and conveyancer. Thus, section 9(1) of the Legal Practitioners Act provides as follows; 9(1) ‘No person other than a registered legal practitioner, registered notary public
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A code of conduct refers to a set of policies and rules for employees and employers to follow at the workplace. Often, a company uses its core values, including its mission, to guide the creation of these codes. These guidelines outline how people can appropriately interact with one another at work and defines what constitute acts
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