University of Zimbabwe Faculty of Law

University of Zimbabwe Law Journal

The University of Zimbabwe Law Journal is now available as an open online publication. You can access it on https://uzlj.uz.ac.zw

University of Zimbabwe Law Journal The University of Zimbabwe Law Journal (UZLJ) is the successor to the Zimbabwe Law Review and is published by the Faculty of Law at the University of Zimbabwe. It carries peer-reviewed articles, book reviews and case notes on any significant legal matters on Zimbabwe and International Law. In the pr...

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Call for contributions for the October issue of the UZLJ

The University of Zimbabwe Law Journal is the successor to the Zimbabwe Law Review and is published by the Faculty of Law at the university of Zimbabwe. It peer-reviewed articles, book reviews and case notes on any significant legal matters on Zimbabwean and International Law. In the process, the University of Zimbabwe Law Journal intends to contribute towards an indigenous Zimbabwean jurisprudence.

The journal is published twice a year (April and October). Contributions for consideration in the October issue should be sent by 15 August 2019.

Articles, book reviews and case notes to be considered for publication should conform to the style guide and must be sent to either the Editor in Chief, Dr Innocent Maja, [email protected] or Professor Geoffrey Feltoe [email protected]

Guide for contributors

Each contribution should be emailed to [email protected] or [email protected]

The editors will only accept contributions that comply with the following:
 The submission should be original
 The submission should not have been published elsewhere. However, the Editors may consider republication of an article that has been published elsewhere if the authorization of the other publisher is provided. If the article has been or will be submitted for publication elsewhere, this must be clearly stated.
 Each submission should be written in UK English.
 Each article submitted should be accompanied by a brief profile of the author (qualifications and professional or academic status), a brief abstract (250-300 words maximum) and at least four key words.
 The University of Zimbabwe Law Journal utilises plagiarism detection software. The contributor should ensure that submissions do not infringe other persons’ intellectual property rights.
 Papers should average between 5 000 and 12 000 words (including footnotes) in length.
 The main text should be in 12 point Trebuchet MS with 1.15 spacing and footnotes should be in 10 point Trebuchet MS with 1.15 spacing.
 Quotations less than 30 words should be in quotation marks and italicized. Quotations longer than 30 words should be indented and in 11 point Trebuchet MS with 1.15 spacing and should not be placed in quotation marks.
 The citation style to be used when referring to Zimbabwean case law and legislation is set out below.
 Footnotes should be numbered consecutively
 The editors reserve the right to change manuscripts to make them in conformity with the house style, to improve accuracy, to eliminate mistakes and ambiguity, and to bring the manuscript in line with the tenets of plain legal language.
 The following general style pointers should be followed:

Reported Judgements:

High Court cases
S v Makuvasa 2011 (1) ZLR 330 (H)
Witham v Minister of Home Affairs 1987 (2) ZLR 143 (H)

Appeal cases
S v Dube 1992 (2) ZLR 65 (S)
Minister of Home Affairs v Allan 1986 (1) ZLR 263 (S)

Unreported Judgements:

Trial cases
S v Mpa HH-469-14
Mungate v City of Harare & Ors HH-328-16

Appeal cases
S v Jones S-154-94
Newlands Farm (Pvt) Ltd v Matanda Bros S-100-91

Legislation:
Acts
Domestic Violence Act [Chapter 5:16] (The Chapter number is placed in square brackets and is italicised.)

Subsidiary legislation
Road Traffic (Safety-belt) Regulations, 1987 (SI 147/1987)
(SI is the abbreviation for Statutory Instrument.)

Reference to books and articles
Books
G. Feltoe, A Guide to the Zimbabwean Law of Delict, Legal Resources Foundation 2018.
J Burchell, Principles of Delict (Juta & Co, Cape Town, 1993.
I Maja, The Law of Contract in Zimbabwe, Maja Foundation, 2015.
J Neethling et al, Law of Delict, (Sixth Edition, Lexis Nexis, Durban, 2010.

Articles
Armstrong, A “Consent in Rape Cases in Zimbabwe” in 1986 Vol 4 Zimbabwe Law Review 112
Nyandiya-Bundy, S “Child Sexual Abuse in Zimbabwe” in 1994 Vol 6 No 2 Legal Forum 5.

We would like to congratulate team UZ for winning the national IHL moot competition and Stephanie Mutasa for winning the best oralist. Well done. Arusha, here we come. Great work to the coaches Advocate Fadzayi Mahere and Professor Geoffrey Feltoe

We would like to congratulate all our students who are graduating today with Bachelor of Laws, Master of Laws and Doctor of Philosophy degrees. We challenge you all to be innovative, solution oriented, vigilant in protecting human right, ensure the rule of law, and be committed to the highest professional and ethical standards. There is no limit to what you can achieve.

4.1.2.1

APPLICATIONS FOR MASTER OF PHILOSOPHY AND DOCTOR OF PHILOSOPHY IN LAW OPEN

The Faculty of Law has been receiving inquiries on the Master of Philosophy and Doctor of Philosophy in Law programs. The Faculty accepts applications for the Master of Philosophy and Doctor of philosophy in Law throughout the year. The following is an extract from the General Academic Regulations for Postgraduate Programs regarding entry requirements, applications for admission and registration.

1. ENTRY REQUIREMENTS
4.1 Eligibility to Apply for Admission
4.1.1 An applicant must have passed English Language at Ordinary Level or approved equivalent.

4.1.2 Master of Philosophy Degree
4.1.2.1 Normally, an applicant must have obtained an appropriate Honours Degree in the Upper Second or higher Division.

4.1.2.2 An applicant who has obtained an appropriate Honours Degree in the Lower Second Division may be considered provided that he/she has achieved First or Upper Second Class performance in their intended field of study.

4.1.2.3 An applicant who has obtained a non-honours degree or approved equivalent qualification and has relevant experience may be considered by Senate on the recommendation of the Department and the Dean concerned. Such an applicant may be required to pass a qualifying examination set and organised by the Department concerned who shall inform Senate, through the Faculty Higher Degrees Committee of the results of the examination. The candidate must satisfy the examiners in the qualifying examination prior to Senate’s deciding on their acceptability for admission.

4.1.3 Doctor of Philosophy Degree
An applicant must have obtained an appropriate undergraduate degree and an appropriate Masters degree.

4.2 Submission of Application for Admission
4.2.1 Applications are considered throughout the year.

4.2.2 An intending applicant should first submit to the Postgraduate Centre proof of qualifications and a statement of research intent of not more than 1200 words in length, outlining the proposed field of study.

4.2.3 The Postgraduate Centre shall forward the statement of research intent to the Faculty Higher Degrees Committee to determine in general terms if the proposed research is viable. The Faculty Higher Degrees Committee shall submit a report on the applicant to the Postgraduate Centre within 20 working days of receipt of application.
.
. 4.2.4 If the proposed research is deemed viable by the Faculty Higher Degrees Committee, the applicant shall submit a duly completed application form obtainable from the Postgraduate Centre or the University’s website, accompanied by an application fee receipt and other relevant supporting documents.

4.2.5 Upon receipt of the duly completed application form and the application fee receipt, the Postgraduate Centre shall issue an offer letter for provisional registration of the applicant.
.
4.2.6 The successful applicant shall be required to pay a non-refundable provisional registration tuition fee as prescribed in the relevant University Ordinance, and register within a period of 30 working days from the date of notification of acceptance.

. 4.2.7 After 4 months of provisional registration, the Faculty Higher Degrees Committee shall submit a duly completed Student’s Progress Report, and a duly completed Supervisor’s Progress Report, respectively, to the Postgraduate Centre.

4.2.8 A provisionally registered student shall submit, through the appropriate Faculty Higher Degrees Committee, an acceptable, comprehensive research proposal of at most 12000 words in length, and an abridged version of at most 3000 words, to the Postgraduate Centre within 6 months of provisional registration. The proposal shall normally include the following:

Working Title
Introduction
Problem Statement
Objectives
Literature Review and Theoretical/Conceptual Framework
Methodology
Ethical Considerations
Budget
Timelines
Work Plan
References

4.2.9 Acceptance/Rejection of the research proposal for substantive registration will be determined by Senate on the recommendations of the appropriate Faculty Higher Degrees Committee.

4.2.10 The Postgraduate Centre shall notify the student of the Senate’s decision.
.
4.3 Registration
4.3.1 Once a provisionally registered student has been accepted for substantive registration, he/she must register within 30 working days of the date on the acceptance letter. The student should complete the necessary registration formalities, which include payment of the required fees.
.
4.3.2 Normally, if a provisionally registered student does not submit an acceptable, comprehensive and
an abridged version of his/her research proposal after 6 months of provisional registration, his/her registration on the programme shall be cancelled forthwith. Registration will not be effective until the above formalities have been completed. In appropriate circumstances, retrospective registration may be allowed.

4.3.3 Except with the special permission of Senate, a student may not register concurrently on more
than one programme of study.

4.3.4 A student may be in receipt of a grant, scholarship or fellowship from a body or person provided that no restriction is placed by that body or person upon presentation of a thesis resulting from the student’s work, or upon its deposit in the University Library for public reference.

4.3.5 An applicant for the MPhil or DPhil degree of the University of Zimbabwe who intends to carry
out the major part or the whole of the research at an approved institution outside the University
shall be eligible to apply for registration provided that:

4.3.5.1 the institution at which the research is conducted is so located as to make practicable a genuine contact with the University and the facilities are suitable for the work proposed; and,

4.3.5.2 except with the agreement of Senate, no restriction is placed by the authorities of the institution or laboratory concerned upon presentation of thesis resulting from the candidate’s work, or upon its deposit in the University Library for public reference.

4.3.6 Each student must renew his/her registration annually and pay the fees as prescribed in the University’s Fees Ordinance. Failure to do so may lead to deregistration from the programme.

2. STRUCTURE OF PROGRAMMES
5.1 Studies for the MPhil and DPhil degrees may be pursued on a full-time or on a part-time basis.

5.2 Duration of Programmes
5.2.1 Master of Philosophy
The normal duration of the MPhil Degree Programme shall be as follows:
5.2.1.1 On a full-time basis - minimum: 2 years and maximum: 4 years;
5.2.1.2 On a part-time basis - minimum: 3 years and maximum 6 years.

5.2.2 Doctor of Philosophy Degree
The normal duration of the DPhil Degree Programme shall be as follows:
5.2.2.1 On a full-time basis - minimum: 3 years and maximum: 5 years;
5.2.2.2 On a part-time basis - minimum: 4 years and maximum 8 years.

4.1.2.1

Call for articles, book reviews and case notes

The University of Zimbabwe Law Journal is calling for articles and case notes for its October publication. The Journal is published by the Faculty of Law at the university of Zimbabwe. It carries peer-reviewed articles, book reviews and case notes on any significant legal matters on Zimbabwean and International Law. In the process, the University of Zimbabwe Law Journal intends to contribute towards an indigenous Zimbabwean jurisprudence.

The journal is published twice a year (April and October). Contributions for consideration in the April issue should be sent by 15 February and those to be considered for publication in October should be sent by 15 August each year. This call deadline has been extended to 15 September 2018.

Articles, book reviews and case notes to be considered for publication should conform to the style guide and must be sent to either the Editor in Chief, Dr Innocent Maja, [email protected] or Professor Geoffrey Feltoe [email protected]

Guide for contributors

The editors will only accept contributions that comply with the following:
 The submission should be original
 The submission should not have been published elsewhere. However, the Editors may consider republication of an article that has been published elsewhere if the authorization of the other publisher is provided. If the article has been or will be submitted for publication elsewhere, this must be clearly stated.
 Each submission should be written in UK English.
 Each article submitted should be accompanied by a brief profile of the author (qualifications and professional or academic status), a brief abstract (250-300 words maximum) and at least four key words.
 The University of Zimbabwe Law Journal utilises plagiarism detection software. The contributor should ensure that submissions do not infringe other persons’ intellectual property rights.
 Papers should average between 5 000 and 12 000 words (including footnotes) in length.
 The main text should be in 12 point Trebuchet MS with 1.15 spacing and footnotes should be in 10 point Trebuchet MS with 1.15 spacing.
 Quotations less than 30 words should be in quotation marks and italicized. Quotations longer than 30 words should be indented and in 11 point Trebuchet MS with 1.15 spacing and should not be placed in quotation marks.
 The citation style to be used when referring to Zimbabwean case law and legislation is set out below.
 Footnotes should be numbered consecutively
 The editors reserve the right to change manuscripts to make them in conformity with the house style, to improve accuracy, to eliminate mistakes and ambiguity, and to bring the manuscript in line with the tenets of plain legal language.
 The following general style pointers should be followed:

Reported Judgements:

High Court cases
S v Makuvasa 2011 (1) ZLR 330 (H)
Witham v Minister of Home Affairs 1987 (2) ZLR 143 (H)

Appeal cases
S v Dube 1992 (2) ZLR 65 (S)
Minister of Home Affairs v Allan 1986 (1) ZLR 263 (S)

Unreported Judgements:

Trial cases
S v Mpa HH-469-14
Mungate v City of Harare & Ors HH-328-16

Appeal cases
S v Jones S-154-94
Newlands Farm (Pvt) Ltd v Matanda Bros S-100-91

Legislation:
Acts
Domestic Violence Act [Chapter 5:16] (The Chapter number is placed in square brackets and is italicised.)

Subsidiary legislation
Road Traffic (Safety-belt) Regulations, 1987 (SI 147/1987)
(SI is the abbreviation for Statutory Instrument.)

Reference to books and articles
Books
G. Feltoe, A Guide to the Zimbabwean Law of Delict, Legal Resources Foundation 2018.
J Burchell, Principles of Delict (Juta & Co, Cape Town, 1993.
I Maja, The Law of Contract in Zimbabwe, Maja Foundation, 2015.
J Neethling et al, Law of Delict, (Sixth Edition, Lexis Nexis, Durban, 2010.

Articles
Armstrong, A “Consent in Rape Cases in Zimbabwe” in 1986 Vol 4 Zimbabwe Law Review 112
Nyandiya-Bundy, S “Child Sexual Abuse in Zimbabwe” in 1994 Vol 6 No 2 Legal Forum 5.

We are happy to introduce our peer reviewed journal titled “University of Zimbabwe Law Journal”

Preparing our final years for the job market.

Invitation to apply for our Master of Laws Degree Program beginning this August.

The LLM consists of 5 taught courses and a dissertation. Of the five courses one is compulsory (Advanced Legal theory and research methods) and four are optional and can be chosen from the following:

Corporate finance law
Insolvency law (including corporate insolvency)
Land, mining and natural resources
Women, gender and the law
Family and child law
International economics law
Law of international trade and investment
Comparative constitutional law
Theory and practice of human rights law
International and comparative labor law
International environmental law
International humanitarian law
Comparative criminal law and procedure
Remedies in the law of obligation

Depending on options taken, the student can graduate with a generic LLM or a specialized LLM.

The LLM is taught by experts in the UZ Faculty of Law and visiting professors from other universities. Lectures are conducted on Fridays, saturdays and sometimes Sundays.