...MIDLANDS STATE UNIVERSITY FACULTY OF LAW NAME : IVY TATENDA GUMBO MODULE: INTRODUCTION TO LAW REG NUMBER: R125548P LECTURER: MS CHAKAUYA TUTORIAL QUESTIONS DUE DATE: 8 APRIL 2013 QUESTION 1:Highlight the functions of law in society.Your answer must take into consideration the theories of law and its individual relationship Law can be defined as a set of rules and regulations which govern societal relationships and is enforced by the state through institutions such as the police,courts ,prisons etc.However many schools of thoughts have tried to define law since the term law means different things to different people.According to the Natural theory law should take into account of morals in a community.A Positivist theory says that law is law regardless of the moral content.This suggestion advances the idea that law remains law whether or not it is just or unjust,fair or unfair.The Marxist theory defines law as an instrument of class oppression that is the rich oppressing the poor.On the other hand some critic scholars like Hlalo and Kahn defined law as rules governing human conduct that is recognized as binding by the state and if necessary enforced. The purpose of law is to enforce morality inorder to prevent harm to others.According to Lord Delvin,a society has a right to punish any kind of act that is immoral.Most legal rules are derived from morality.Morals can be defined as standard...
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...Critically discuss the sources of law citing their advantages and disadvantages. (30) Law is the body which a community recognises as binding on its members. There are different sources of law, each contributing in one way or the other to the effective administering of rules and regulations within a state or community. Such sources of law include customary law, judicial precedent law, Roman-Dutch law and legislative law Customary law includes habits and practises observed by individuals in a society over a period of time. It is an unwritten code of behaviour. The establishment of such habits is gradual and may span across different generations. For customary law to function effectively, the custom must be reasonable, proved to be in existence and observed for a long time in a community and must be consistent with the statutes of law. An example of customary law is the fact in Shona culture a man is supposed to pay a bride price as a token of appreciation to the family of his wife to be. An advantage of customary law is that it is not imposed on a society. It is rather a product of their day to day interaction and searching for ways to better interact with one another. The law is therefore tailor-made to suit a particular community. This helps to eliminate any notions of cultural imposition. However, the fact that customary law is rigid and lacks flexibility means that the law is not able to keep pace with societal development. As a result such a law is not able to incorporate new...
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...Free Download A History Of Zimbabwe Book A History Of Zimbabwe is writen by Alois S. Mlambo in English language. Release on 2014-04-07, this book has 304 page count that consist of valuable information with lovely reading experience. The book was publish by Cambridge University Press, it is one of best history book genre that gave you everything love about reading. You can find A History Of Zimbabwe book with ISBN 9781107021709. The first single-volume history of Zimbabwe with detailed coverage from pre-colonial times to the present, this book examines Zimbabwe's pre-colonial, colonial and postcolonial social, economic and political history and relates historical factors and trends to recent developments in the country. Zimbabwe is a country with a rich history, dating from the early San hunter-gatherer societies. The arrival of British imperial rule in 1890 impacted the country tremendously, as the European rulers exploited Zimbabwe's resources, giving rise to a movement of African nationalism and demands for independence. This culminated in the armed conflict of the 1960s and 1970s and independence in 1980. The 1990s were marked by economic decline and the rise of opposition politics. In 1999, Mugabe embarked on a violent land reform program that plunged the nation's economy into a downward spiral, with political violence and human rights violations making Zimbabwe an international pariah state. This book will be useful to those studying Zimbabwean history and those unfamiliar...
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...------------------------------------------------- GREAT ZIMBABWE UNIVERSITY FACULTY OF COMMERCE NAME(s) | GODWILLS TINASHE | SURNAME | MAJUTTA | REG NUMBER | M149780 | PROGRAMME | BUSINESS MANAGEMENT | LEVEL | 2:1 | COURSE | ENTREPRENUERSHIP | COURSE CODE | BM | LECTURER | | It is the duty of the government and other relevant stakeholders to provide a conducive environment for both the establishment and growth of entrepreneurs in Zimbabwe. The government, through its policies and legislation acts as both a barrier and a facilitator of in creating and enabling environment for entrepreneurial activities. The goal of this essay is to evaluate the role of the government and its partners in the creation and facilitation of environment for entrepreneurial activity In Zimbabwe. Indigenisation and Economic Empowerment Act 2008 and Financial Institutions In 2008, the Indigenisation and Economic Empowerment Act was passed and certain funding structures facilities were put in place such as the Youth Fund through the Commercial Bank of Zimbabwe, (CBZ), Kurera/Ukondla fund through CABS and Meikles Youth Empowerment facility (GOZ, 2008). The TREE (Training for Rural Economic Empowerment) programme which is an informal apprentice training is meant to improve the skills and quality of products produced which would enhance the ability of SMEs to compete locally, regionally and in some cases internationally, (Kasukuwere 2013). All these initiatives created...
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...GREAT ZIMBABWE UNIVERSITY FACULTY OF SOCIAL SCIENCES GROUP ASSINGMENT GROUP MEMBERS NAME SURNAME REG NUMBER PROGRAM MASHEN MAMIRIREPI M112859 (HRM) FARAI RUSHWAYA M (HRM) TINASHE MASIMURA M112866 (HRM) DOMINIC MADZOKERE M101307 (IR) ARCHFORD MARUFU M113173 (HRM) EVIDENCE SIMBI M112904 (HRM) DONALD MUZONGOMERWA M112890 (HRM) COURSE :…………………………………………………………………………………………………………….. LECTURER :…………………………………………………………………………………………………………….. CON/PARA :…………………………………………………………………………………………………………….. QUESTION :……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………… ………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… …………………………………………………………………………………………………………….. MARK : COMMENT : ………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………………. The labor laws in Zimbabwe especially those governing the termination of employment in the Act Chapter 28:01 has been identified as the major cause of the country to slide down a greasy pole of paradigmatic economic recovery. These laws have been described by the Minister of Finance Mr. T endai Biti...
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...Directors perform various duties within a company and these involve the coordination, leading, controlling and planning of a company’s resources so that set objectives and targeted are achieved. According to Abbort (1996), Directors are persons to whom the management of the company is entrusted. In Zimbabwe every company has the statutory obligation to have at least two directors of them one shall be a true ordinary resident of Zimbabwe; this requirement is according to the Companies Act (24:03) section 169(1). Some of the duties of directors are discussed below: To select competent executive officers It is the primary duty of a board of directors to select and appoint executive officers who are qualified to administer the company’s affairs effectively and soundly. It is also the responsibilities of the board of directors to dispense with the services of officers who prove to be unable to meet reasonable standards of executive ability and professionalism. A good example was portrayed by Econet PVT LTD directors who selected a highly educated directorate of executive officers with the likes of DouglasMboweni who is qualified and competent. To effectively supervise the company’s affairs The charter and degree of supervision required of an organization’s board of directors to assure a soundly managed organization involves reasonable business judgement and competent and sufficient time to become informed of the organization’s affairs. Directors cannot avoid responsibility for...
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...MAGAYA v MAGAYA 1999 (1) ZLR 100 (S) Division: Supreme Court, Harare Judges: Gubbay CJ, McNally JA, Ebrahim JA, Muchechetere JA Subject Area: Civil Appeal Date: 2 November 1998 & 16 February 1999 Judgment Number: S-210-98 Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 23 — protection against discrimination — discrimination on grounds of sex — exemption of customary law from prohibition of discrimination Customary law — succession — heir at customary law — whether female able to inherit late father’s estate Human rights — women’s rights — discrimination on the grounds of sex — whether Legal Age of Majority Act had created positive rights or had only removed legal disabilities The deceased died intestate. His estate consisted of a house and some cattle. He had entered into marriages with two wives, both marriages being according to African law and custom. The appellant, a female, had been born 1941 and was the child of the deceased’s first wife. The respondent, a male, had been born in 1946 and was the child of the deceased’s second wife. The appellant was thus the eldest child of the deceased. The respondent was not the eldest male child of the deceased, but the eldest male child had declined the heirship. A community court had originally appointed the appellant as heir to the estate, but on application from the respondent to the community court, the appointment of the appellant had been set aside and, after a hearing at which all...
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...By Mashell Chapeyama Effects of globalization in Zimbabwe Zimbabwe, like other countries, has been affected by globalization. The first thing is that the welfare of the people in the country improved. There is good medication that is coming from other countries. During drought periods we get food from as far as America. China has been contributing also to the country. A lot of funds have been donated to the country. This fund was used to assist in education. So many children are now learning in the country. The life expectancy of the people has also improved due to medication and good food that is coming from other countries. There has been an improvement in the development of the country. We have received new technology from other countries that have led to economic growth. For example, in Zimbabwe about fifty percent of our fuel now comes from bio-sources. Fuel is now being made from plants. This has led to the creation of employment. The rate of employment has increased of late. New technology has flowed in the country. We are now able to use solar energy, wind energy and hydropower due to globalization. Due to globalization the political system has changed in my country. We have now adopted democratic type of governance. This is as a result of the influence of organizations such as United Nations. Regional blocks also emphasize on the need to be democratic in governance. One negative impact has been that of environmental degradation. Due to demand of products by other...
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...Critically examine the impact of political, economic & legal factors affecting the airline industry. The airline industry has had its fair share of ups and downs the following are the factors that are affecting the airline industry Economic factors A huge amount is spend in landing fees, time spend in foreign lands and all these fees are paid in US Dollars and it might expensive to some airlines especially if the exchange rate is weak. Fuel prices are also in US Dollars so the stronger the currency of origin against the US Dollar the cheaper it becomes to reduce overall operational costs for the airlines however the sad story is that only a fewer currencies are stronger than the US Dollar. Fuel prices have consistently increased and is likely to continue into the future while price wars between airline companies have become ever more intensive due to increased competitive levels in the industry. Fuel costs as play a significant role in the day to day running of an airline as fuel costs constitutes 30% of total operational cost. This is due to existing rivalries as well as new entrants within the discount airline market segment. In contrast to its rivals SIA has preferred policies of adding extra value through customer service rather than ones of pure discounts on prices. Similarly investment in technology such as the development of an e-ticket system enhanced its strength in terms of cost effective sales and billing systems. These developments have been supported by skilled...
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...TRUCT ACADEMY SUCCESS IN BUSINESS LAW FOR C.I.S, Z.I.M CERT., ZAAT, IAC, I.C.M M. MAVHUNGA LLB (S) (UZ) 3RD EDITION 2000 1 ACKNOWLEDGEMENTS` I would like to thank the Director of Trust Academy, Mr Mataka, The Principal, Mr Sauti and the Registrar Mr Kucherera whom without their support this study pack would not have been a success. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. Would also like to thank the Trust Academy Secretaries and Typists of this book, particularly, SHELTER MAVHUNGA, MISI MAKUZWA, AMANDA MANDA and JESCA KAMUNGA for their commitment to duty. Again their handwork in the production of this copy is highly appreciated. Anyone who directly contributed to the success of this module I say, God bless you. However none of the above will be accountable for any errors of omission or commission which might appear in this study pack. M. MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. Foreword Business Law is a very broad course and covers many aspects. It is a challenging course a proper approach is not advised to new students but an interesting and very simple course once one grasps the concepts. The objective of this module is to simplify Business Law to be understood by Ordinary Advanced Level students who may be taking any of the above courses. The field has...
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...a doubt a complex issue where each case is deserving of intense debate. There is, however, most certainly a middle ground that can be reached, balancing justice and cultural beliefs. To begin with, it is important to define the concept of justice. There has been much debate throughout history, but one aspect that is oft agreed upon is legal egalitarianism, or equality before the law. All people's are subject to the same law with same basic rights, and shall be treated fairly by the courts. Working with such a definition, a problem becomes clear immediately. All are treated equally and fairly by the law, but what happens when the law itself is not fair? Sharia law, for example, contains many rulings that a westerner would consider unjust. Having your hand cut off because you stole a trinket from a shop would be judged as a cruel and unnecessarily harsh punishment by western standards. Here it is apparent that equality before the law is not enough to ensure justice throughout the world. There must be a set of guidelines, accepted to be universal, that shape what the law can or cannot do to a human being. Fortunately, there exists such a document in the form of the Universal Declaration of Human Rights. Written and ratified by the United Nations, this document lists out thirty articles of rights...
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...Human resources management is a strategic and coherent approach to the management of an organisation’s most valued assets. (Armstrong 2006). It is also defined as the function responsible for establishing integrated personnel policies to support organizational strategy. Cole (2000). It is responsible for attracting, recruiting, and selecting, training and rewarding employees. In Zimbabwe Human resources management has been affected by a number of trends which are political, economic, socio-cultural, technological, legal, demographic and health related. Political Trends Human resources management has been affected by different political ideologies from those of the western world. Before the introduction of indigenization policy, investors were more than willing to invest in Zimbabwe. In 2008 the indigenization policy was introduced which stated that if a foreigner invests in the country he/she should partner with a local investor and the ratio of share should be 49:51 in which the local person gets higher or bigger share. (ZIMASSET 2013). On its introduction, investors lost confidence in doing business in the country as a result most companies that are foreign owned have been forced to close resulting in increase in unemployment levels. Economical Trends The Zimbabwean economy has been affected by brain drain since 2007. Brain drain being the loss of skilled, intellectual and technical labour through the movement of such labour to more favourable geographic, economic...
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...The law, nature, sources and importance This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country. The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that...
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...NATIONAL AND STRATEGIC STUDIES MODULE 1 ZIMBABWEAN HISTORY, NATIONAL INTERESTS, AND HERITAGE, Contents: TOPIC ……….. ……. PAGE 1. Introduction……………………………………………………..01 2. History of Zimbabwe……………………………………………02 2.1. The Great Zimbabwe State…………………………………03 2. The Mutapa State…………………………………………..04 2.3. The Rozvi State…………………………………………….07 2.4. The Ndebele State…………………………………………..07 2.5. White Settler Occupation of Zimbabwe……………………10 2.6. Crimes Against Humanity; -- Colonization and Slavery …..15 7. Consolidation of Settler-Colonialism in Zimbabwe ………21 8. African Nationalism And Organized Resistance To colonialism ……….. .. 30 4. Cultural heritage……………………………………………. 5. Political Heritage 6. Economic heritage 7. Civic responsibilities 8. Acknowledgements 1: INTRODUCTION NASS- The background There is no educational system that is silent on the values that are accepted and cherished by that society. Education is about values in other word behavior change in all the domains of education that is the psychomotor, the cognitive and the affective. A skilled artisan or accountant with no sense of his position in society at the family level or at work or society in general is a social misfit and a...
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...Describe and explain the different forms of church governance in Zimbabwe Governance is a set of policies, power and structure by which the rights, powers and privileges of people are processed and protected. The term “government” refers to the management, administration, rule or direction, control, command, authority or leadership which processes and sees to the implementation of these policies. The Church government is set to manage and control the privileges of the children of God e.g. prosperity, healing etc. Simplified, it is the organization pattern by which the church movement or congregation rules, controls or directs itself. Even in the church in Zimbabwe, there are different forms of governments because of different understandings of scripture. * Episcopal form of government This is also known as the hierarchical form. The word Episcopal comes from the words “Epis/ epic” which means top and “scopos” which means to see, look or sight. This means that there is a man at the top to oversee what is happening below him. The principal officer in this type of government is the Bishop/overseer who is followed by a Priest/ Presbyter/ elder and then the deacons. The Bishop has a right to ordain the elder and he governs the church. Every decision at local level comes from the Bishop at Head office. It’s not a scriptural system but simply draws from the fact that in the Bible Moses was an overseer, followed by Aaron the High Priest. There were also elders who helped judge...
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