An Introduction to Zimbabwean LawThis is an introductory textbook on the Zimbabwean legal system. It sets the stage for a comprehensive description of that legal system by opening with some theoretical issues on the nature of law in general, particularly a definition of law, the role and purpose of law in society, the relationship between law and justice and how morality impacts on law. After outlining this theoretical framework, it turns to the Zimbabwean legal system and covers the following key areas: sources of Zimbabwean law, the scope of Roman-Dutch law in Zimbabwe, the law-making process and the role of Parliament, the structure of the courts in Zimbabwe, the procedures in the civil and criminal courts, the legal aid system and the nature of the legal profession. It covers the process of appointment of judges and its effect on the independence of the judiciary. It has a long closing chapter on the interpretation of statutes covering all the rules, maxims and presumptions. |
Contents
1 | |
2 Sources of Law | 13 |
3 Divisions of the Law | 36 |
4 The LawMaking Process | 43 |
5 The Structure of the Courts | 61 |
6 The Legal Profession in Zimbabwe | 84 |
7 An Outline of Court Procedures | 107 |
8 Legal Aid | 127 |
9 Statutory Interpretation | 144 |
Some Latin Words Expressions | 183 |
Back Cover | 191 |
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Common terms and phrases
accused Act Chapter Act of Parliament amendments appeal application appointed assessors Attorney bill Chief Justice Children’s civil clear common law Constitution of Zimbabwe convicted crime customary law decision defendant disputes enactment enforce English law entitled example executive fact follows functions guilty he/she held High Court his/her House of Assembly Ibid imprisonment intention involved issue judge judgment Judicial Service Commission judiciary jurisdiction Labour Court law-making lawyers Legal Aid Board legal services legal system legislation legislature Magistrates Court matter meaning ment Minister of Justice Mischief Rule morality Parliamentary parties person preamble president presumption principles procedure proceedings prosecution qualified question referred regarded registered legal practitioner relevant Roman Dutch law Roman law Section 87 Senate sentence Small Claims Court solicitor South African specialist courts specified statute statutory instrument statutory interpretation Supreme Court terms of Section tion trial tribunal University of Zimbabwe words Zimbabwean