WITH REFERENCE TO THE RELEVANT STATUTORY PROVISION, DISCUSS THE

SOURCE OF LAW IN ZIMBABWE

With the exception of criminal law, Zimbabwe’s law is mainly uncodified 1. Derived from
various sources and has various origions2. The sources of Zimbabwe law are mainly, legislation,
precedent (cuse law /court decisions), customary law, common law and authoritative texts.

Legislation refers to the law validly enacted by the legislative authority of Zimbabwe and
assented to by the president of zimbabwe 3. According to Madhuku legislation is also referred to
as a statutory law and covers those rules made directly by the legislature4”. In Zimbabwe the
legislative authority vest in the president and the parliament as defined authority vest in the
president and the parliament as defined in section 116 of the Zimbabwean Constitution 4. The
legislature derives its authority from the people by virtue of section 117 of the Constitution
which states that “the legislative authority of Zimbabwe is derived from the people and is vested
in and exercised in accordance with this Constitution by the legislature”

1. Criminal law (codification and reform) act (chapter 9:23)

2. https://nyulawglobal.org/globalex/zimbabwe1html (accessed 7 October 2020
3. https://nyulawglobal.org/globalex/zimbabwe1html (accessed 7 October 2020)
4. L. Madhuku, An introduction to Zimbabwean law (2010)
5. Constitution of Zimbabwe amendment act. 20 (act) 2013, section 116
6. Constitution of Zimbabwe amendment act.20 (act) 2013 , section117 sun-section (1)

Legislation by parliament is embodied in a speciliazed legal document called an act of

partliament7. The parliament of only makes law through these acts of parliament. Parliament is
entitled to delegate its law-making powers to the president, his / her ministers, local authorities
and other state insititution8. The legislature of Zimbabwe can confer powers on any authority to
create binding laws. Currently the legislature of Zimbabwe is a bicameral system consisting of a
lower house (parliament and upper house (senate. Legislation brought through the parliament has
to be securitized by the senate before it goes for assent to the executive president 10. Authorities
such as the president and ministries can pass delegated legislation or subsidiary legislation that
are embodied in legal documents called statutory instruments. A statutory instrument has the
same legal status as an act of parliament expert that is must be parliament delegating the
authority to make that statutory instrument.
 7. L. Madhuku, an Introduction to Zimbabwean Law. (2010)
8. Constitution of Zimbabwe Amendment Act. 20 (Act) 2013
9. L. Madhuku, an Introduction to Zimbabwean law. (2010)

Subsidiary legislation consists of

- Regulations made by a minister for purpose specified in the enabling act of parliament .
- Bye – laws created by specified local authorities such urban or rural councils, acting
under powers given to them by the relevant acts of parliament
- Proclamations issued by the president for purposes such as dissolving parliament
- Rules of superior courts to facilitate procedure and their operations
- Regulations made by the president under the president under the presidential powers
temporary instrument 96 of 202011”
10. Presidential (temporary measures) (deterral of rent and mortgage payments during
national lockdown) regulations, 2020.

Another source of Zimbabwe law are past decisions of the superior courts known as precedents
of case law. Precedents establish the legal position of cases tried in the courts and establish the
reasoning for decisions made by the judges in each particular case 12. Zimbabwe relies on
precedents of any jurisdiction in which English law and Roman-Dutch law is applicable. For a
precedent to be applied there must be no material difference between the previous cases in
question13. According to Madhuku a court is only bound by a precedent which emanates from a
court which in terms of hierarchy, is of a higher level 14. The supreme court of Zimbabwe is the
highest court of the land and it precedents bind all the lower courts. The Supreme Court
generally follows its previous decisions but it is not bound by them. This position was captured
by the practice directive issued by the Supreme Court in 1981 which reads as follows.

11. https://nyulawglobal.org/globalex/zimbabwe1html (accessed 7 October 2020)

12. L. Madhuku, an introduction to Zimbabwean law (2010) p.22

“This court considers it of importance that there be of certainty upon which people can rely in
the conduct of their affairs . Precedent is an important factor upon which to decide both what the
slaw is and how it is to apply in particular cases. It also serves as a proper starting point for any
development of the law. Nevertheless, particularly in a changing society, it is essential for the
courts to have some flexibility as not to restrict unduly its power to develop the law in proper
cases to meet changing conditions and injustice in particular cases. For the future, this court
while treating its past decisions and those of its predecessors as normally binding, will depart
from its previous decisions . In United Bottlers (Pvt) Ltd v Murwisi, the Supreme Court held that
section 3 of s1371/85 (termination of employment regulations) gave a labour relations officer
two: either to authorize the dismissal of an employee or to order his / her reinstatement15.

13. 1981 ZLR 417

14. United Bottlers (Pvt) Ltd V Murwisi 1995 (1) ZLR 24

However a year later , in Hama v National Railways of Zimbabwe , it departed from this
decision16. It held that the position in United Bottlers v Murwisi were labour relations officer had
only two choices was cincorrect. There was an additional option for a labour relations officer to
order for payment damages as an alternative to reinstatement. According to Madhuku “the
principle of stare decisis has many advantages, which include that it enables a citizen to plan his /
her private and professional activities with some degree of assurance as to their legal efects 17”.
Hosten also adds his voice in these words. “ the idea of precedent suggests the resolution of
questions today in the same manner as they were decided yesterday either because it is intended
to profit from the accumulated wisdom of the past , or because one can assure certainty for
honoring traditions. Adherence to precedents is characteristics of all develop systems18”

15. Hama v National Railways 1996 (1) ZLR 664

16. L. Madhuku , An Introduction to Zimbabwe Law (2010)
17. W. J Et Al, Introduction to South African Law and Theory (1995)