The David K Law Group
  • ARTICLES

A brief analysis of the doctrine Pacta Sunt Servanda – (Agreements must be respected and upheld)

One of the most important ideas in contract law is Pacta Sunt Servanda, which states that contracts must be honoured and enforced. This article examines this maxim’s definition, history, benefits and drawbacks The Latin phrase Pacta Sunt Servanda supports the idea that once a contract has been legally made, the parties to it should behave in […]

THE SCOPE OF A TRIBUTE AGRREEMENT IN MINING

The Mines and Minerals Act (Chapter 21:05) governs tribute agreements (the Act). A tribute agreement, as defined by section 283 of the Act, is any arrangement or contract in which a person grants a tributer a tribute, license, concession, authority, or other right to mine a mining location. It also includes any agreement to modify […]

Sexual Harassment in the work place and its remedies in Zimbabwe

Introduction In general, sexual harassment is unwelcome sexual conduct, which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. Sexual harassment can take various forms. It can involve: Sexual harassment in the work place is prohibited in Zimbabwe but it still persists. It is a phenomenon of the […]

Challenging ZIMRA Tax Assessments: A Step-by-Step Guide for Taxpayers in Zimbabwe

The Zimbabwe Revenue Authority (ZIMRA), through the Commissioner-General, administers the Income Tax Act [Chapter 23:06] (hereinafter referred to as “the Act”). Among its duties, ZIMRA assesses, collects, and enforces tax obligations on individuals, partnerships, companies, and other taxable entities. While ZIMRA has wide powers to issue assessments, taxpayers equally have statutory rights to challenge such […]

THE SCOPE OF A TRIBUTE AGREEMENT IN MINING

The Mines and Minerals Act (Chapter 21:05) governs tribute agreements (the Act). A tribute agreement, as defined by section 283 of the Act, is any arrangement or contract in which a person grants a tributer a tribute, license, concession, authority, or other right to mine a mining location. It also includes any agreement to modify […]

Zimbabwean Capital Gains Tax Exemptions for Immovable Property Sellers

In Zimbabwe, one of the most crucial factors to take into account when selling immovable property is whether Capital Gains Tax (CGT) will be payable. CGT is levied on the profit arising from the sale of a “specified asset”, including real estate, as provided in the Capital Gains Tax Act [Chapter 23:01]. The law does […]

hand signing contract

Provisional Sentence Procedure

Do you have a written agreement with a debtor, but they haven’t paid you yet?  What comes next?  Learn more below! The High Court regulations of 2021 stipulate that a provisional sentence is the remedy. After the summons is issued, this process enables the Plaintiff to obtain a prompt remedy if the Defendant provides a […]

Understanding Civil Contempt of Court: Consequences and legal remedies for violating court orders.

What is civil contempt? Civil contempt is conduct that is not itself a crime but is conduct which is punishable by the court to ensure that court orders are observed. Deliberately disobeying an order of the court or breaching an undertaking given in the course of litigation are common examples of conduct that constitutes a […]

Frequently Asked Questions

Child custody, access, and maintenance are significant issues in family law in Zimbabwe, and many parents and guardians seek clarity on these matters. Here are some frequently asked questions (FAQs) regarding child custody, access, and maintenance in Zimbabwe, along with their answers: 1. What is child custody in Zimbabwe? Answer: Child custody refers to the […]

Administration of Deceased Estate

The aggregate of assets and liabilities of the deceased is termed the deceased estate. The deceased estate is not a juristic person. Consequently, the only legal person  in  connection  with  the  estate  is  the  executor  in  his  representative capacity. The estate ‘vests’ originally in the Master of the High Court, and subsequently in one or […]