Our labour law in Zimbabwe recognizes written and unwritten contracts of employment. The Labour Act (Chapter 28:01) stipulates that every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of […]
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The division of the assets of the parties upon divorce is governed by the Matrimonial Causes Act (Chapter 5:13) (the Act), in particular section 7. The Act does not apply to those who are in an unregistered customary union. This does not mean that those in an unregistered customary union are left without a remedy;
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Burden of proof refers to the threshold of evidence which is required to prove a case in legal proceedings. The burden of proof in criminal proceedings and civil proceedings is different. The standard of proof required in disciplinary civil cases is called proof on a balance of probabilities. Balance of probabilities means that on the
BURDEN OF PROOF IN CIVIL AND CRIMINAL PROCEEDINGS IN ZIMBABWE Read More »
Burden of proof refers to the threshold of evidence which is required to prove a case in legal proceedings. The burden of proof in criminal proceedings and civil proceedings is different. The standard of proof required in disciplinary civil cases is called proof on a balance of probabilities. Balance of probabilities means that on the
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The Labour Amendment Act No. 5 of 2015 ushered in a new paradigm in terms of labour law practice and procedures in general. The amendment brought with it a number of challenges to labour law practitioners and litigants. This paper seeks to highlight the legal and practical challenges faced by lawyers and litigants alike under
Challenges Facing Litigants Under Labour Amendment Act No. 5 Of 2015 In Zimbabwe Read More »
In Zimbabwe mental health is governed by the Mental Health Act (Chapter 15:12). The term used in this Act is “mentally disordered or intellectually handicapped”. The definition of this term is provided in section 2 of the Act as follows; ‘in relation to any person, means that the person is suffering from mental illness, arrested
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Leave refers to the amount of hours or days an employee of an organization is permitted to be away from their employment position within a year’s time without consequences. The Labour Act Chapter 28:01 and partly the Constitution of Zimbabwe deals with various types of leave in Zimbabwe. In this article we explore the various
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Divorce proceedings whether contested or uncontested are initiated by way of a Summons (to which the Plaintiff’s declaration is attached) which should be served personally on the Defendant. In the case where the Defendant resides outside the country, a separate application will have to made to court for service outside Zimbabwe (application for edictal citation). Where the whereabouts
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In Zimbabwe instant or summary dismissal is at all times now unlawful even where the employee is accused of having committed a blatant misconduct. But what is it that both employers and employees have to watch out for in order for the hearing to be passed as free and fair? In summary the following general
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