Law-Zim

  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...

  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 ...

  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 ...

                         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), whic...

 Society have used punishment to discourage would-be offenders from committing unlawful conducts and to punish offender or culprits. Most people think that the death penalty is no longer part of our correctional system, this position is not true because of section 48 of the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (hereinafter referred as the Constitution). The term death penalty is used interchangeably with capital punishment. On this article, l will look at reasons the death penalty is part of our correctional system and will further raise arguments on the abolishment of the death penalty.      48 Right to life.   (1) Every person has the right to life.  (2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and the law must permit the court a discretion whether or not to impose the penalty; the penalty may be carried out only in accordance with a final judgme...