Flaws of contract law in zimbabwe

If the employee alleges financial incapacity and the consequent inability to pay the minimum retrenchment package timeously or at all, the employer shall apply in writing to be exempted from paying the full retrenchment package or any part of it to the employment council established for the undertaking or industry or if there is no employment council for the undertaking concerned, to the Retrenchment Board which shall respond within 14 days of receiving the notice.

In terms of Clause 4 of the labour bill number 7 of no employer shall terminate a contract of employment on notice unless if the termination is in terms of an employment code, or in the absence of an employment code, in terms of the model code made under section 9 or the employer and the employee mutually agree in writing to the termination of the contract or the employee was engaged for a period of fixed duration or for the performance of some specific service or pursuant to retrenchmentin accordance with section 12 C of the labour Act.

Contract Details An employer is supposed to write a contract to the employee and the letter is supposed to have the following particulars: However employers CAN terminate contracts on the following grounds: The judiciary provides for Checks and Balances in the exercise of power by the other two arms of state namely, the Executive and the Legislature.

Employment Contracts

How to apply for a job? According to labour law, fixed term contracts expire at the end of the term specified.

An example is the Associated Newspapers of Zimbabwe Case [13] where the dirty-hands doctrine was applied unreasonably and unjustifiably in a bid to deny A. This highly negates the concept of judicial independence as judges are not free to make independent decisions that might provoke the government.

An employer may use its Code of Conduct for that particular industry. The way forward is to have a constitutional referendum which is all-inclusive, a scenario where all citizens have an input into the contents of the constitution.

The retrenchment package shall be paid by an employer to the employee as loss of employment. Click to Login as an existing user or Register so you can print this article. Supreme Court and High Court judges may sit until they reach the age of sixty-five, unless before that age the judge elects to retire at the age of seventy.

The National Constitutional Assembly, currently led by Doctor Lovemore Madhuku [15] spearheaded the campaign against the government imposed constitution. The ouster of judges is also done through unorthodox means.


The facts briefly are that, united parties, a political party, had made an application challenging the constitutionality of provisions in the Electoral Act which gave constituency Registrars; the power to deny registration to certain voters.

Minister of Justice, Legal and Parliamentary Affairs and others [14]. This is unfair labour practice as workers do not enjoy the job security and benefits that come with a permanent job in a company.

The Declaration of Rights has been an essential feature of the Zimbabwean Constitution since Independence. This provision is however conditional for casual workers.

A person will not have locus standi under subsection 1 of section 24, except in respect of detained persons unless he is able to allege that a provision of the declaration of Rights has been or is being or is likely to be contravened in respect of him. Some wholesale dismissals arose because of a misreading of the judgment, members of public misread the judgment and did not understand the principles raised before the Supreme Court of Zimbabwe.

Further there are no rules or regulations for the conduct of the selection process. A copy of the proposal should also be sent to the labour investigation officer for investigation to see whether retrenchment should be allowed and that all procedures of retrenchment according to labour law are followed.

In his or her proposal for retrenchment he should include names of those who are going to be retrenched and submit financial statements. The Justice System is a crucial ingredient to the smooth flow of the rule of law in Zimbabwe. There is no provision in the Constitution for the procedure by which candidates for the senior judiciary are selected for consideration by the Judiciary Service Commission.

One hundred and twenty of the members of parliament are voted by voters on the common roll for one hundred and twenty common roll constituencies.Corporate and Business Law- F4 (Zimbabwe) Casebook Doctrine of fundamental breach Documents Similar To 04 Breach of contract and remedies.

03 Contents of a Contract. Uploaded by. Rizzo Dubz. Remedies for the Breach of Contract. Uploaded by. akhilgambhir. Corp Law.

Uploaded by. Elvis Fungai Veterai/5(3). An Introduction to Zimbabwean Law lovemore madhuku BL (Hons), LLB (Zimbabwe), LLM, PhD (Cantab) Lecturer in Law, Faculty of Law University of Zimbabwe. Nov 17,  · Today’s post is motivated in part by my frustration at contract-drafting flaws that I routinely come across.

United States Corporate/Commercial Law Reed Smith 17 Nov United States: Ten Contract-Drafting Flaws. Consideration in contract law is simply the exchange of one thing of value for another. It is one of the six elements that must be present for a contract to be enforceable. Consideration must be both legally sufficient and bargained-for by the receiving party.

This serves to highlight how the law in Zimbabwe has been etched and shaped by the country’s Colonial history. The House of Assembly of consisted of sixty-six members.

Fifty were Europeans, the other sixteen were Africans. Formalities: Written Contracts In our common law, in general no formalities are required and so an oral/tacit contract is valid. However a written contract facilitates proof and reduces the scope for argument.

Flaws of contract law in zimbabwe
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