COUNCIL FOR LEGAL EDUCATION

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STATUTE LAW EXAMINATION : NOVEMBER 2014

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Time Allowed : Three hours Answer all questions

Notes : 1. You are reminded that you are entitled to bring copies of all relevant
enactments into the examination room with you and to use them in answering
the questions in this paper.

2. When answering questions in this paper, you should refer to all relevant
statutory provisions (you need not, of course, quote them) and you should
generally give reasons for your answers.
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Question 1 (12 marks)

Discuss how and to what extent the Transitional Provisions and Savings in the Sixth
Schedule to the Constitution of Zimbabwe have made changes to the substantive provisions
of the Constitution on—
(a) the composition of the Constitutional Court;
(b) the election of Vice-Presidents and their removal from office;
(c) the registration of voters.

Question 2 (8 marks)
Discuss whether the following punishments would be in violation of the
Constitution—
(a) corporal punishment imposed on a seventeen year old convicted of the crime
of theft;
(b) the death sentence imposed on Jane, who is seventy-one years of age in
respect of a crime she committed when she was sixty years old.

Question 3 (8 marks)
Nyepai, a legal practitioner, wishes to enter into a contingency fee arrangement with a
client, Maria, who has instructed him to institute a claim in respect of injuries which she
suffered in a motor-vehicle accident.

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 Explain to Nyepai the steps which he must take to enter into the arrangement, the fee
that he is permitted to charge and the options open to Maria should she be dissatisfied with
the arrangement or with Nyepai’s fee.

Question 4 (8 marks)
(a) Name four persons who are disqualified from being appointed auditors of a
company.
(b) Under what circumstances will a private company be required to appoint an
auditor?

Question 5 (6 marks)
Samuel whose estate was put under sequestration by the High Court two years ago
wishes to make an application for rehabilitation.
Advise him of the procedure he must follow in seeking the order of rehabilitation.

Question 6 (9 marks)
Shurai who is married to Hlalo in an unregistered customary law union seeks your
advice. She has been married to Hlalo for the past ten years and the marriage has been
blessed with five children. During the subsistence of the marriage, they acquired a number of
houses and motor-vehicles all of which are registered in Hlalo’s name The two have lost love
and affection for each other. Shurai wants to know—
(a) which court she can approach to seek an order of divorce;
(b) what the provisions of the law are regarding the sharing of the matrimonial
property;
(c) what Hlalo’s obligations towards the maintenance of herself and the children
after divorce are, and the court she must approach to seek such maintenance.

Question 7 (10 marks)

The Interpretation Act [Chapter 1:01] defines “customary law” as “the customary law
of the people of Zimbabwe, or of any section or community of such people, before the 10th
June, 189l, as modified and developed since that date.
Discuss your understanding of the definition.

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Question 8 (6 marks)
The Secretary for Higher Education informs you that the Ministry paid the university
fees of a student in terms of a loan agreement entered into with the student. The student was
required to commence the repayment of the loan in instalments immediately after the
completion of his studies, exactly five years ago.
Advise the Secretary whether the debt has prescribed.

Question 9 (7 marks)
Barbara commenced work for Eboa and Co as a receptionist in January 2014. In July
2014, she applied for maternity leave which was refused by the employer. Barbara believes
that the refusal by the employer constitutes an unfair labour practice.
Advise Barbara the options open to her and what her chances of success are.

Question 10 (10 marks)

Briefly explain the meaning and purpose of each of the following terms as used in the
administration of deceased estates:
(a) death notice;
(b) inventory of estate;
(c) letters of administration;
(d) inheritance plan;
(e) tutor testamentary.

Question 11 (5 marks)
Papa and Gogo who are husband and wife have executed a joint and mutual will. Gogo is
worried that she might not be able to revoke the will.
Advise her.

Question 12 (6 marks)
What are the grounds upon which a marriage can be dissolved by a decree of divorce
in terms of the Matrimonial Causes Act [Chapter 5:13]?

END OF QUESTION PAPER