An introduction to Zimbabwean law / Lovemore Madhuku.
2010
KTZ6.3 .M33 2010 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
An introduction to Zimbabwean law / Lovemore Madhuku.
Published
Harare : Weaver Press : Friedrich-Ebert Stiftung, [2010]
Copyright
©2010
Call Number
KTZ6.3 .M33 2010
Former Call Number
Zim 300 M26 2010
ISBN
9781779220981
1779220987
1779220987
Description
xv, 188 pages ; 21 cm
System Control No.
(OCoLC)663949200
Bibliography, etc. Note
Includes bibliographical references (page 188).
Record Appears in
Table of Contents
Acknwoledgements
xiii
Foreword
xv
1.
What is Law?
1
The concept of law: A definition
1
The relationship between law and morality
3
The relationship between law and justice
4
What is a legal system?
6
The purpose and function of law
6
To do justice
7
To preserve peace and order
7
To enforce morality
8
To protect the interests of the ruling class
10
Two key elements of law: legal right and legal personality
10
Legal right
10
Legal personality
11
2.
Sources of Law
13
Legislation
13
Common law
15
A brief history of Roman Dutch law
18
Advantages of precedent
24
Custom
25
General custom
25
African customary law
26
Authoritative texts
32
Law reports
33
3.
Divisions of the Law
36
Criminal law versus civil law
36
Public law versus private law
39
Substantive law versus procedural law
40
National law versus international law
40
General law versus customary law
41
Common law versus civil law
41
Law (common law) versus equity
41
4.
The Law-Making Process
43
Introduction: State organs and their powers
43
The legislature (the law-makers)
44
The executive
46
The judiciary
47
Other key organs
48
The Attorney General
48
The Comptroller and Auditor-General
49
The Public Protector
49
The process of law-making in Parliament
49
Pre-bill stage
50
Types of bills
51
Gazetting of bills
51
Passage of bills in Parliament
52
The effect of parliament's failure to follow specified procedures
55
Delegated legislation
57
5.
The Structure of the Courts
61
The division between criminal courts and civil courts
61
Criminal courts
61
Magistrates Courts
62
Composition
62
Jurisdiction
63
The High Court
64
Composition
64
Jurisdiction
66
The Supreme Court
67
Composition
67
Jurisdiction
67
Courts-inartial
68
Police board of officers
68
Prison courts
68
Children's Courts
68
Parliament sitting as a court over breach of parliamentary privileges
69
Ordinary civil courts
70
Magistrates Courts
70
Jurisdiction
70
Composition
71
The High Court
71
Jurisdiction
71
The Supreme Court
72
Composition
72
Jurisdiction
72
Specialist courts
73
Advantages of specialist courts
73
Disadvantages of specialist courts
74
Examples of specialist courts
74
The Labour Court
74
The Administrative Court
76
The Administrative Court as the Water Court
76
Special court for income tax appeals
78
Local courts on customary law
79
Small Claims Court
80
6.
The Legal Profession in Zimbabwe
84
Introduction: The legal profession
84
A divided or fused profession?
84
The nature of the fused profession in Zimbabwe
86
Admission as a legal practitioner
87
Practical legal training after registration
89
Discipline for professional misconduct
89
The Law Society of Zimbabwe
90
The Council for Legal Education
91
Judges
91
Who appoints judges?
92
Qualifications for appointment as judges
94
Compulsory retirement versus executive discretion to extend the term of office of a judge
95
The removal of judges from office
96
Other features on the independence of judiciary
103
Provision on judicial independence
103
Vesting judiciary functions exclusively in the judiciary
104
7.
An Outline of Court Procedures
107
Civil procedures
107
Adversarial versus inquisitorial procedure
107
Civil trial procedure versus application procedure
108
Civil trial procedure
108
Letter of Demand
108
Issue of Summons
108
Appearance to defend
109
Request for further particulars
109
Defendant's plea
109
Replication
110
Close of pleadings
110
Discovery
110
Pre-trial conference
110
Trial date
110
The trial
110
Judgment
111
Enforcement of judgment
111
Execution of property
111
Garnishee order
111
Civil imprisonment
111
Contempt of court
112
Appeals and reviews
113
Application procedure
114
Criminal procedure
115
General
115
Securing presence of the accused
116
Bail
117
The trial process
117
Stages of the trial process
118
The accused's entering of plea
118
Outline of the State's case
119
Outline of the defence
119
Evidence-in-chief
119
Cross-examination
119
Re-examination
120
Closing of the State case
120
Application for discharge of the accused at the close of state case (optional)
120
Defence case
120
Close of the defence case
121
Addreses by both sides
121
Verdict
121
Addresses on sentence: mitigation/aggravation
121
Sentencing
122
Caution or reprimand
122
Fines
122
Recognisances
123
Community service
123
Imprisonment
123
Corporal punishment
124
Sentencing to death
124
8.
Legal Aid
127
Introduction
127
The old system of legal aid
128
Civil court legal aid
128
Criminal court legal aid
128
The new system of legal aid
130
Evaluation of the Legal Aid Scheme in terms of the Act
133
Contingency fee arrangements
134
Legal aid by non-governmental organisations
135
The English legal aid system
136
Legal aid in South Africa
140
9.
Statutory Interpretation
144
Introduction
144
The objective of interpretation
144
Rules of statutory interpretation
145
The Literal Rule
145
Statement of the rule
145
Application of the Literal Rule
146
The Golden Rule
150
Statement of the rule
150
Application of the Golden Rule
150
The Mischief Rule
151
Application of the Mischief Rule
152
The Special place of a casus omissus
152
Maxims of statutory interpretation
153
Èjusdem generis'
154
Ǹoscitur a sociis'
156
̀The rule of rank'
156
Èxpression unius est exclusio alterius'
157
̀Contemporanea expositio'
158
̀Reddendo singula singulis'
158
̀Cessante ratione legis, cessat ipsa lex'
159
Presumptions of statutory interpretation
160
Introduction: What are presumptions?
160
Specific presumptions
162
The presumption agaisnt the alteration of the common law more than is necessary
162
The presumption that the legislature does not intend that which is harsh, unjust or unreasonable
163
The presumption of constitutionality
164
The presumption against retrospectivity
166
The presumption in favour of the principles of natural justice
166
The presumption against interpreting a statute so as to oust or restrict the jurisdiction of the Superior Courts
168
Aids to statutory interpretation
168
The Interpretation Act (Chapter 1:01)
168
Interpretation of sections of a statute
170
Preamble
170
The long title
172
The short title
173
Headings and marginal notes
173
Punctuation
174
Schedules
174
External aids
174
Historical background or surrounding circumstances
174
Parliamentary history, including parliamentary debates
175
Statutes in pari materia
176
Treaties and International Conventions
177
Some Latin words and expressions
183