UNIVERSITY OF ZIMBABWE
(LB) 401
LLB (HONS) PART IV
CLINICAL AND PRACTICAL SKILLS TRAINING
EXAMINATION

JUNE 2016
3 HOURS

ANSWER QUESTION 1 AND ANY OTHER THREE QUESTIONS

Instructions to Candidates: In answering drafting question you are at large to use

your own facts and names where these are not given.

QUESTION 1

Nobuhle Ncube, a Medical Doctor was employed by the Women’s Clinic

[Private] Limited at its Gwanda Hospital in 2000 as the Medical
Superintendent.

In 2010, she fell in love a Handsome Pfacha, a male student nurse who was on
attachment from the University Of Zimbabwe Medical School. She fell pregnant by
him and aborted the pregnancy with the assistance of her medical doctor friend, Dr
Johanna Bogusat her surgery in Chivhu.

Dr Ncube was an excellent Manager and for four years running between 2010 and
2013, she received awards for excellence in her administrative work at Gwanda
Hospital.

Dr Ncube was employed on very generous terms which included, inter alia, a net
salary of US$15 000.00 [Fifteen Thousand United States Dollars]; provision
for executive medical aid cover; provision for school fees for two children up to
tertiary level at any University in the world; holiday allowances covering return

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tickets for two adults and two children to any destination including full board and
lodge, as well as provision for meals, refreshments and entertainment costs;
provision for an executive motor vehicle with a value of up to US$150 000.00
[One Hundred and Fifty Thousand United States Dollars], an option to buy
her official motor vehicle at book value after 3 years of issue or a mileage of 150
000 kilometres; subscriptions for a professional board or institute of her choice;
subscriptions to any two sports Clubs of her choice; clothing allowance of
US$500.00 [Five Hundred United States Dollars] per month; personal accident
insurance cover for two adults and two children; critical skills retention allowance of
US$500.00[Five Hundred United States Dollars] per month, housing loan of
up to US$350 000.00[Three Hundred and Fifty Thousand United States
Dollars], interest free or each ten year period served or part thereof.

Dr Ncube’s contract had a restraint of trade clause operating within the SADC
Region for five years from the date of termination of her contract, restraining her
from competing with the Company directly or indirectly, whether as a shareholder,
investor, Director, employee or consultant.

The dispute resolution clause in Dr Ncube’s contract specified that notwithstanding

any provision of the Labour Act Chapter 28:01 any and all disputes between the
company and her would be referred to Arbitration and be adjudicated upon in terms
of the Arbitration Act 7:15 and that the decision of the Arbitrator would be final.

In August 2015 Dr Ncube had a serious fall out with her friend, Dr Bogusat who,
in order to destroy her career, emailed all Board members of the Women’s Clinic
[Private] Limited disclosing the secret love affair with Mr Handsome Pfacha,
the resultant pregnancy and the abortion at her Chivhu surgery. The email was also
copied to the Company Secretary and Internal Legal Counsel, Ms Gracious
Glossetor.

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When Dr Ncube discovered the leakage of her shaddy relationship, she reacted by
immediately compromising the Board of Directors by disclosing to the Shareholders
their corrupt activities as follows; namely

a) That the Board had corruptly awarded a contract for provision of linen and
curtaining to Ms Fancy Dube who was the Board Chairman, Mr Fierce
Dumburemari’s girlfriend;

b) That the Board had awarded a contract of supply of oxygen kits to Ms

Loliwe Dube a sister to the Secretary of the Procurement Committee, Mr
Hardlife Dube,

c) The Board had awarded and paid its Members sitting allowances for six
meetings which had been postponed, prejudicing the Company of some
US$60 000.00[Sixty Thousand United States Dollars] in the process,
and

d) The Board had cancelled the contract for provision of Legal Services with an
established and reputable Bulawayo Law Firm Messrs Keen & Erudite in
favour of Messrs Zama Zama Legal Practitioners solely because its founder
is a nephew of the Chairperson of the Human Resources Committee.

Dr Ncube proceeded to cause these disclosures to be published in the popular

widely circulated Gossiper Newspaper leaving all the Board Members rattled and
in disarray. The Board members immediately resolved to suspend her on charges of
gross misconduct.

You are the top lawyer in Gwanda and the various parties have
approached you for legal advice and services.

Assuming there are no issues of conflict of interest, carry out the

following:

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a) Draft the Company Resolution for the suspension of Dr Ncube from her
employment on account of alleged misconduct. [5 Marks]

b) Draft a short Opinion to Dr Ncube advising on her prospects of success in

the pending disciplinary case against her. [5 Marks]

c) Assume that the Company and Dr Ncube reached an amicable settlement for
mutual termination of her employment, draft the appropriate Deed of
Settlement. [5 Marks]

d) Draft the appropriate Criminal charge(s), if any, against the Board Chairman
Mr Fierce Dumburemari

or alternatively

Draft a Shareholders Resolution for the dissolution/or removal of the Board

of Directors from office. [5 Marks]

QUESTION 2

a) i) List any five [5] basic professional skills required by a Legal

Practitioner employed in the Public Service. [2 ½ Marks]

b) ii) What five [5] forms of communication may be employed by Counsel

in his relation with Clients? [2 ½ Marks]

c) Discuss the advantages and disadvantages of any one form of

communication between a Legal Practitioner and his Client. [5Marks]

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d) Explain the Principles which govern proper File Maintenance and Case
Management in both Civil and Criminal Cases. [5 Marks]

e) Explain the advantages and disadvantages of Specialisation in Legal Practice

in the context of both Professional development and business stability.
[5 Marks]

QUESTION 3

a) List and discuss the advantages and disadvantages of any type of

negotiation style. [5 Marks]

b) Draft a typical Notice of Appeal against Sentence only for the Magistrates
Court to the High Court. [5 Marks]

c) Draft a typical Affidavit of Evidence or an Affidavit of Waiver in Matrimonial

proceedings where a Divorce Order is to be granted by Consent. [5Marks]

d) Draft a Founding Affidavit in either an Application for Provisional Judicial

Management or an Application for Liquidation. [5 Marks]

QUESTION 4

a) Draft a typical Memorandum by an Arbitrator to parties after the initial

meeting convened before commencement of proceedings. [10 Marks]

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b) Under what circumstances may Counsel Renounce Agency in an Informa
Pauperis case. [5 Marks]

c) Draft a Founding Affidavit in support of a Chamber Application for Leave to

settle an Informa Pauperis case. [5 Marks]

QUESTION 5

a) Explain the steps you would take as a Legal Practitioner before accepting
appointment as a Director in a Mining Company listed on the Zimbabwe Stock
Exchange. [10 Marks]

b) Explain the following terms:

i) Corporate rescue [5Marks]

ii) Corporate Governance in the context of a management of a Law Firm

[5 Marks]

QUESTION 6

a) Explain the General Principles governing the charging of fees for both
Litigation and Non-Litigation work by Legal Practitioners as given out in the
Law Society Tariff for Fees . [10 Marks]

b) What steps may be taken by an advocate to efficiently execute instructions by

an Attorney in a Brief for an Appeal? [5 Marks]

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c) Explain the Principles governing successful Corporate Secretarial Practice by
a Legal Practitioner in Commerce. [5 Marks]

__________________________________________________________
 

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