COUNCIL FOR LEGAL EDUCATION

PROFESSIONAL EXAMINATIONS

STATUTE LAW SYLLABUS (2003)

(candidates may have available the enactments in question when writing the examination)

The study of the provisions of the statutes hereunder shall include references to
the case law decided under the statute.

1. The Constitution

(The treatment of this subject in this course is not intended to be equivalent to a

course in constitutional law and students are supposed to be equipped with a general
working knowledge of the provisions of the Constitution that they are of relevance to
their work as legal practitioners in the public service and in private practice.)

1.1. The Constitution as the Supreme law of Zimbabwe – s 3;

1.2 Issues of ultra vires legislation and common law principles that are in
contravention of the provisions of the constitution;
1.3. The constitution as the source of law –s 89;
1.4. Citizenship
1.5. The Declaration of Rights; (the concept of derogations)
1.6. The making of law by parliament and,
1.7. The effect of international and regional conventions on domestic law.

2. The Interpretation Act, [Chapter 1. 01].

The provisions of this act apply and extend to the application of all other enactments
and students must be acquainted with its provisions generally.
Particular attention is to be paid to:

2.1 the definition section;

2.2 rules as to gender and number;
2.3 date of commencement of statutory instruments;
2.4 reference to time and distance, and
2.5 service of documents.

3. The Guardianship of Minors Act, [Chapter 5.08].

(This Act does not apply to the guardianship, custody and rights of access to children
born out of wedlock although it does not specifically define child for purposes of the
Act.)

3.1. The rule of guardianship of minor children –s3.

3.2. Guardianship, custody and access rights of the non-custodian parent of minor
children where the parents are separated or divorcing, -s4.
3.3. The concept of sole guardianship and sole custody of minor children and its
consequences.

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3.4. Special provision on custody of minor children upon the separation of the
Parents.
3.5. Applications for appointment of guardianships to children who have no natural
guardians, the procedure and the functions of the High Court-s 9.
3.6. Applications for appointment of guardians to children who have no natural
guardians, the procedure and the functions of the High Court-s 9.
3.7. Enforcement of orders relating to access and custody.

4. The Maintenance Act, (Chapter 5.09).

4.1. Definition of maintenance courts.

4.2. Definition of dependent and responsible person.
4.3. The Making of maintenance orders.
4.4. Enforcement of maintenance orders.
4.5. Termination and variation of maintenance orders.
4.6. Directions against employers.
4.7. Registration of maintenance orders.

5. The Married Persons Properties Act, (Chapter 5.12).

Students need to know that in terms of the Act all marriages in Zimbabwe since 1
January 1929 are automatically out of community of property unless they opt, by way
of a notaries deed, to marry in community of property and with the necessary
incidence of marital power. (Would there be many persons married prior to that date
who for the purposes of s 3 of the Act!).
S 7 of the matrimonial causes Act has almost rendered the Act obsolete.

6. The Conventional Penalties Act, (Chapter 42).

Repealed

7. The Law Reform (Contributory Negligence) Act, (Chapter 45).

Repealed

8. The Companies Act, (Chapter 24.03).

(The treatment of the provision of the Act in this course is not to be equivalent to the
course on company law but is designed to equip the student with a working
knowledge of the provisions of the Act).

8.1. Application of the Act.

8.2. The incorporation of companies, companies with limited liability and public
companies Memo and Articles of Association.
8.3. Provisions relating to names of companies
8.4. Share capital, company financing purchase of own share, transfer of shares,
reduction of share capital etc.
8.5. The liability of and validity of the acts of directors;
8.6. Protection of minority members of company
8.7. Winding up and judicial management.

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9. The Administration of Estates Act (Chapter 6.01).

1. The office of the Master, appointment and removal of executors and the estates of
deceased persons;
2. Estates of minors and of persons under curatorship;
3. Distribution of estates of persons governed by customary law.

10. The Deceased Estates Succession Act, (Chapter 6.02).

This act is to be read together with the Administration of Estates Act. It deals with
the distribution of persons who die intestate and whose estates general law governs.
Students are to familiarise themselves with the specified amounts set by the Minister
in terms of s 2 of the Act.

11. The Insolvency Act, (Chapter 6.04).

The student is expected to have a general working knowledge of the Act as it relates
to the following:

11.1. Voluntary and compulsory sequestration and the procedures to be followed.

11.2. The effects of sequestration.
11.3. The appointment and removal of trustees.
11.4. Liquidation and distribution accounts and contributions by creditors.
11.5. Rehabilitation of insolvents.

12. The Prescription Act, [Chapter 8. 11].

Students are to know the provisions of the Act relating to

12.1 acquisitive prescription;
12.2 the prescription of debts;
12.3 when prescription of debts begins to run
12.4 when prescription of debts may be delayed or interrupted, and
12.5 judicial interruption of such prescription;
12.6 the procedure for raising prescription in pleadings.

13. The Shop Licences Act, (Chapter 14.17).

Students are to know generally the procedures to be followed when one intends to
have business premise licenced. This is largely a clerical function in most cases and
most applicants apply to have their premises licenced without the assistance of legal
practitioners.

14. The legal Practitioners Act, (Chapter 27.07).

Students are to know the provisions of the entire Act and of the relevant regulations
made under it. Special attention is to be paid to the provisions dealing with the
following issues:

14.1 The privileges of Legal Practitioners;

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14.2 Practicing certificates and prohibition from practicing without such certificates;
14.3 Trust accounts and annual audits;
14.4 Discipline and the powers of the Disciplinary Tribunal;

15. The Labour Relations Act, (Chapter 28.01).

Students are expected to know the structures set up in the Act for the determination of
disputes and unfair labour practices and the procedures to be followed at each level of
dispute resolution. This will include the termination of employment with or without
registered codes of conduct.

16. The Matrimonial Causes Act, (Chapter 5.13).

16.1 Additional jurisdiction of the High court in divorce matters.

16.2 Irretrievable breakdown as the only ground for divorce;
16.3 Division of matrimonial assets;
16.4 Recognition of certain divorce decrees and orders.

17. The Wills Act. (Chapter 6.06).

17.1. The application of the Act.

17.2. Capacity to make a will.
17.3. Capacity to benefit under a will.
17.4. Competent witnesses.
17.5. Amendments to wills.
17.6. The formalities of making wills.
17.7. Effect of subsequent marriage on a will.
17.8. Rectification of wills.