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The Companies Act vs The Companies and Other Business Entities Act: A comparative analysis vis a vis The protection of corporate creditors in Zimbabwe

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  Introduction   One of the most troublesome of questions in company law is how company law should try to balance the legitimate main concern of shareholders, that they will be able to realise a return on their investment, with the chief concern of the creditors, that the board of directors, elected by the shareholders, will, especially if the directors see the company in trouble, drain it of funds and other assets, through dividends, share repurchases or otherwise, leaving insufficient assets to pay the creditors debts.  The pre vious  regime , as provided for in the old Companies Act ,  (Capital Maintenance Regime) was initially developed by the courts and the general principle established by the cases may be stated as requiring that a company with a share capital is bound to obtain a proper consideration for the shares which it issues and refrain from handing back any or all of the fund so acquired to its members except by a lawful distribution of profits or a lawful reduction of ca
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Abortion: Pro-Choice; Pro-Nothing; Pro-Life.

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  THE DEONTOLOGY. (Study the law with Blessed Mupatsi). Assisted by: Nompilo P. Nkomo. In Zimbabwe in the late 19 th century, through the promulgation of the Termination of Pregnancy Act [Chapter 15:10] (hereinafter ‘the Act’) to deliberately terminate a pregnancy was criminal except when necessary. It was permitted if the purpose was to save the mother’s life, if the pregnancy caused serious threat of permanent impairment of mother’s physical health (not mental health), serious threat that the child will be born with physical or mental defect which will seriously handicap him or her or /and the foetus is conceived as a result of unlawful intercourse which is usually rape. This position was affirmed by section 60 ‘ unlawful termination of pregnancy ’ of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Therefore, in light of these provisions it is crystal that in our jurisdiction it is not lawful to carry out an abortion on socio-economic grounds, however Zambia prescrib
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Unpacking The Right To Vote.

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  THE DEONTOLOGY. (Study the law with Blessed Mupatsi and Nompilo P. Nkomo). The Constitution of Zimbabwe Amendment (No.20) Act, 2013 (hereinafter referred as ‘the Constitution’) recognizes representative democracy by ensuring the enforceability of rights allowing citizens free, fair, and regular elections. Dambisa Moyo, Edge of Chaos: Why Democracy is failing to Deliver Economic Growth and how to fix it (2018) canvasses the importance of the right to vote, she submits that people lost their lives for political rights. However, Zimbabwe like any other democratic country has experienced a decline in voter participation. In the 2018 election, 45.67% of eligible voters participated in the elections. Therefore, the paper will unpack the right to vote as guaranteed in the Constitution and how the right can be fully realised. 67 Political rights (1) Every Zimbabwean citizen has the right— (a) to free, fair and regular elections for any elective public office established in terms of this Con
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The Vaccine Question.

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  THE DEONTOLOGY. (Study the law with Blessed Mupatsi). There has been pandemonium with regards to mandatory vaccination, which has been approved through governmental policies in response to the devastating effects of Covid-19. Sentiments raised in the main stream media and by colleagues speaks to the effect that the policies infringe fundamental human rights and freedoms as enshrined in the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (hereinafter referred as ‘the Constitution’). A vaccine is defined as a biological preparation that provides active immunity to a particular infectious disease. The arguments raised are that mandatory vaccination is in violation of sections 52 and 60. The paper will unpack the above constitutional provisions moreso, one must note that in terms of section 86 of the Constitution these are limited rights.  It is paramount to note that state have a duty to protect human rights in accordance with section 44 of the Constitution therefore; the state has
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Public Hearings

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  THE DEONTOLOGY. (Study the law with Blessed Mupatsi). Over the past months l have had an opportunity to attend public hearings for Bills, City Council budgets and the Constitution of Zimbabwe Amendment (No.2) Bill, 2019 which has a negative impact on our democracy (see https://lawstudentszim.blogspot.com/2020/08/constitution-of-zimbabwe-amendment-no-2.html ). For this deontology, l will explore at depth what public hearings are, examine their effectiveness and then lastly provide a feasible solution to short falls of these public hearings.  The 2003 Public Hearings Guidelines define Public hearings as open committee meetings that are aimed at obtaining input from businesses, civil society organizations (CSOs), public officials and the general public about proposed or existing policies, Bills, regulations and other issues or changes that would significantly affect the public if introduced (emphasis). Essentially, the process of law making should be enriched with the results of delibe
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Mthwakazi Republic.

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                         THE DEONTOLOGY. (Study the law with Blessed Mupatsi and Nompilo P. Nkomo). N.B this is a scholarly argument on the events in Matabeleland using International law. The recent events in the city of Kings and Queens (Bulawayo) has led to people speculating on whether this is the first step towards the formation of the Mthwakazi Republic. The subject matter has resulted in scholarly arguments with colleagues in the Public International Law class on the mandate of the Mthwakazi Republic and their prospects of succeeding. The deontology will explain briefly the background towards the formation of the Mthwakazi Republic and further explore at depth the realization of this aim using international law principles and precedent.  Zimbabwe has had numerous secessionist parties inclusive of Matabeleland Liberation Organisation (MLO), Mthwakazi Liberation Front (MLF) and Mthwakazi Republic Party (MRP), which has played a significant role from its establishment. MRP is a poli
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