An Introduction to Zimbabwean Law
Publication Year: 2010
Published by: African Books Collective
Title Page, Copyright, About the Author
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This book is a compilation of my lecture notes for ‘Introduction to Law’, a course which is one of the main foundations of the LLB degree of the Faculty of Law, University of Zimbabwe. I have taught this first-year course to students in the Faculty of Law for the last fourteen...
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The Friedrich-Ebert-Stiftung (FES) is a German political foundation that was established in 1925. The oldest political foundation in Germany, its backbone is the promotion of the ideas and values of social democracy across the world. It carries out its mission through its programmes...
1. What is Law?
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Law refers to rules and regulations that govern human conduct or other societal relations and are enforceable by the state. It is the quality of enforceability by the state that distinguishes law from other rules. There are, of course, other rules that govern human conduct such as...
2. Sources of Law
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Legislation is also referred to as statutory law and covers those rules of law made directly by the legislature. Each state has an organ responsible for law-making, and this is what is referred to as the legislature. The legislative authorities of the state promulgate law in various statutory...
3. Divisions of the Law
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A crime is a wrong punishable by the state, and the main object of criminal law is punishment of the offender(s). A civil wrong is a wrong against another person, and the main object of civil law is to compensate the victim for the harm suffered. Although a crime is a wrong against...
4. The Law-Making Process
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This statement emphasizes the fact that the power of governmental organs is necessarily limited and defined by the society that creates the government. There is thus no magic in the powers of state organs; their power is given and defined by the people. Every society has rules that define...
5. The Structure of the Courts
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Courts are classified into two broad categories, namely, criminal courts and civil courts. Civil courts in turn are divided into two groups: ordinary civil courts and specialized courts. In examining each court, two questions arise, namely, what is its composition? and what is its...
6. The Legal Profession in Zimbabwe
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Prior to the Courts and Legal Service Act 1990, solicitors had no right of audience in all superior courts and barristers thus enjoyed a virtual monopoly of advocacy in these courts. The current legal position is that both barristers and solicitors have a right of audience before every...
7. An Outline of Court Procedures
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A distinction should be made between adversarial and inquisitorial procedure. Their difference boils down to the extent of participation of the court/judge in the proceedings. An inquisitorial procedure is one in which the judge takes an active role in ascertaining the facts from the...
8. Legal Aid
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Legal aid refers to the system of providing legal services to persons who are unable to afford to pay fees for such services. This arises in a world in which the cost of legal services is, without exception, very high. Whether or not the state should provide legal aid is a controversial issue. It...
9. Statutory Interpretation
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The interpretation of statutes falls largely within the realm of the common law. Rules and principles developed by the courts over a long period of time are the mainstay of the interpretation of legislation. However, the Interpretation Act (Chapter 1:01) does provide guidelines for...
Some Latin Words & Expressions
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Page Count: 206
Publication Year: 2010