ARTICLES

Investor Protection

The article discusses the rights and remedies available to both foreign and domestic investors in the event of currency devaluation in the investee country. It begins by defining currency devaluation and outlining the circumstances that lead to it, such as excess supply of currency or...

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Children’s Act (Chapter 5:06)

The Children’s Amendment Act No. 8 of 2023 introduces significant changes to strengthen child protection in Zimbabwe and align the country's laws with international standards. Part 1 of the series focuses on the introduction of various criminal sanctions aimed at protecting children from abuse and...

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Surrogacy in Zimbabwe

The article provides an overview of surrogacy in Zimbabwe, highlighting the absence of a legal framework to govern surrogacy agreements and the associated risks. It explores the definition of surrogacy, different types of surrogacy arrangements, and contrasts commercial and altruistic surrogacy. The discussion delves into...

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Trade Contracts

The article delves into restraint of trade clauses in contracts, addressing their definition, purpose, history, and enforceability, as well as providing guidance for both employers and employees

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International Trade

The article explores the importance of security agreements or financial instruments in facilitating international trade transactions, focusing on letters of credit, bank guarantees, and performance bonds. These instruments mitigate financial risks associated with non-payment or failed performance by transacting parties. Additionally, the article discusses the...

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Contracts for International Sale of Goods

The article compares two significant legal instruments governing contracts on the international sale of goods: the UK Sale of Goods Act 1979 (SGA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980. Both aim to regulate transactions and resolve...

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Contracts 101

Explore the fundamentals of contracts, including their enforceability, consensus, performance, signing requirements, capacity, legality, and the principle of sanctity. Understand the importance of clarity, proper description of parties, legal capacity, and adherence to legal principles for contract enforceability.

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Public Private Partnerships

Explore the challenges facing public-private partnerships (PPPs) for infrastructure development in Zimbabwe, including legal and policy frameworks, historical perspectives, and current obstacles such as poor creditworthiness, capacity constraints, high country risk, corruption, and lack of infrastructure maintenance culture.

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International Arbitration

Is international arbitration truly international? INTRODUCTION Mediation is a dynamic, neutral, and structured process designed to assist parties as an alternative dispute resolution (ADR) mechanism. International arbitration is a dispute resolution process which is popular and necessitated by the expansion and globalization of cross-border investment,...

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Nominee Shareholding In Zimbabwe

Nominee Shareholding In Zimbabwe INTRODUCTION The Companies and Other Business Entities Act [Chapter 24:31] (the COBE Act) provides that shares in a company may be held by a nominee on behalf of a beneficial owner. This article considers the nature of nominee shareholding, the advantages...

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Shareholder Passivity is a Misnomer

SHAREHOLDER PASSIVITY IS A MISNOMER INTRODUCTION There is a general misconception that shareholders are passive, and yet they have a wide arsenal of powers at their disposal and the legal protection for their assets and interest is embedded in codes of conduct. This article seeks...

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Warehouse Receipts Act

In 2007, the Warehouse Receipt Act (Chapter 18:25) came into operation, to provide for the establishment and registration of warehouses, the licensing of warehouse persons, the issuing of warehouse receipts and the negotiability of the warehouse receipts. The Act also sought to provide the framework...

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Cyber Bullying

Cyber Bullying

The Cyber and Data Protection Act (Chapter 12:07) became law in December 2021. In terms of section 2 of the Act, the object of the Act is to increase data protection in order to build confidence and trust in the secure use of information and...

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Blocked Funds

Legacy Debt Resolution under the Finance Act No. 7 of 2021 INTRODUCTION  During the period of Zimbabwe’s multi-currency regime that was ushered in November 2008 by the then Acting Minister of Finance Hon. Chinamasa and continued for close to a decade, public and private entities...

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When Banks Fail

An analysis of the Banking Act (Chapter 24:20) INTRODUCTION  In 2015, the Banking Amendment Act (Act 12 of 2015) brought with it various amendments to the Banking Act (Chapter 24:20), key among these being the introduction of principles of corporate governance, as well as extending...

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Use It or Lose It

The ‘Use It or Lose It’ Policy in the mining sector INTRODUCTION In terms of Section 2 of the Mines and Minerals Act (Chapter 21:05), the ownership, control, exploitation and disposal of all minerals, mineral oils and natural gases is vested in the President of...

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Forfeiture of Mining Locations

Forfeiture of Mining Locations INTRODUCTION Forfeiture is a legal process that allows the Mining Commissioner to take away a mining location from an unproductive owner and open it up for relocation or acquisition by another individual. Loosely interpreted, forfeiture is the loss of one’s mining...

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