The High Court has the power to declare a ‘marriage’ void where the grounds for doing so exist. Where there is a declaration of nullity it is as if the parties never entered into a marriage at all. The grounds on which a marriage can be declared void are classified into two; non-compliance with the […]
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Once the parties have agreed on the essential terms of the contract, its terms are fixed in the sense that neither party may unilaterally vary them unless the original contract provides for variation. Statutorily, the Labour Act Chapter 28:01 states that one of its objectives is to promote the participation by employees in decisions affecting
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Custody refers to a person’s capacity physically to have the child with him or her and to control and supervise the child’s daily life (J. Heaton, South African Family law, page 171). The issue of custody of a minor child becomes relevant when parents are divorced, separated or living apart. When granting a decree of
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A non-disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement decide that sensitive/confidential information exchanged for a particular purpose will not be made available to third parties. An NDA may also be referred to as a confidentiality agreement. A non-disclosure agreement is one of
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A collective job action, commonly referred to as a ‘strike’ is a concerted industrial action resulting in cessation of work calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment and it includes a strike, work boycott, lock out, sit in or sit out or any
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A Non-Marriage Certificate is a document issued by the Registrar of Marriages confirming a person’s marital status. It is usually required where a Zimbabwean national intends to marry abroad or where a Zimbabwean intends to marry a foreigner in Zimbabwe. For this reason, it is sometimes referred to a Certificate of Freedom to Marry or
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The purpose of the Labour Act Chapter 28:01 is to advance social justice and democracy at the workplace by seeking to promote fair labour standards among other things.(S 2A (1)(d). In line with this purpose, the Act defines certain acts or omissions which constitute ‘unfair labour practices by employer’. The Act provides that an employer
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It often happens that an employer adopt an incorrect procedure in disciplining an employee. This may arise from for example, use of a wrong code of conduct, failure to follow a code of conduct in executing a disciplinary process or where the employer summarily dismisses an employee without a hearing. These circumstances and alike may
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The main contractual obligation of employees is to place their personal services at their employer’s disposal. Tender of service is a prerequisite to the employee’s right to claim remuneration. Under both common law and statute law in the form of the Labour Act (Cap 28:01), employees who do not tender service are not entitled to
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According to section 14 of the Deeds Registries Act [Chapter 20:05] ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by a registrar. Ownership in land is therefore evidenced by a title deed. Where the seller only has an agreement of sale
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