LINCOLN MAJOGO

  In 2021, Zimbabwe became one of many African countries that have enacted a Cyber and Data Protection Act [Chapter 12:07] ‘hereinafter referred to as the Act’ . The object of the Act which is set out in section 2 is to “increase cyber security in order to build confidence and trust in the secure use of information and communication technologies by data controllers, their representatives, and data subjects” . Data that has been considered by various people to be the new gold brings to the fore issues associated with personal security and privacy. Understandably so for obvious reasons. On a daily basis, we share personal data and at times without understanding the implications of our actions. For example, social media applications like Twitter, Facebook, and Linkedin may request access to one’s personal data as a precondition to accessing certain features of the application. Likewise, our growing appetite to advance personal security measures has seen a gradual increase in the use of

Introduction Earlier this year, the tussles between the competing rights and interests of lessors and tenants were settled by the High Court in favour of lessors.  Commercial and residential tenants both enjoyed the benefit of what is called statutory tenancy before the judgment by Justice Chinamora in Elnour United Engineering Group (Pvt) Ltd v Minister of Industry & Ors HH 81-23.  Statutory tenancy occurs when a tenant whose lease agreement has expired continues to perform all obligations (eg paying rent) regarding the expired lease. Under such circumstances, they are allowed to remain on the property despite the fact that their lease has expired. Before the judgment, the lessor could only evict the tenant with a court order after serving 3 months’ notice of eviction on the tenant. In addition, the lessor was required to justify repossessing the property on acceptable grounds for instance breach of the lease agreement, the need to do renovations, wanting to use the property

By Lincoln Majogo. For avid football fans like myself, the name Hakim Ashraf is a very familiar name. He is one of the famous faces of Morocco, that took the country's national team to the semi-finals of the World Cup in 2022 after defeating Portugal in the quarter-finals of the competition. Recently, social media has been awash with his pictures whilst kissing his mother with captions titled “genius”. This follows false rumors in which his wife allegedly filed for divorce seeking to claim 50% of his property only to be informed by the court that the football star has no properties registered in his name. It was alleged that a significant chunk of his wealth goes to his mother. Although the wife has reportedly denied filing for divorce, this incident has raised an interesting legal dynamic that has resulted in various interpretations regarding how the courts would handle such a case. The assumption is that the footballer was simply using his mother as a scheme to prevent his wife

The recent decision of the High Court of Zimbabwe which upheld the lawfulness of corporal punishment on minors by parents and guardians has brought to the fore the discussion on whether corporal punishment should be abolished. For some of us who were raised in a conservative Christian family, Proverbs 13:24 is a familiar verse in our hearts. It says ‘spare the rod and spoil the child’ and for people like us who constantly committed acts of misconduct whilst growing up, our parents made sure that the rod would pay regular visits on our buttocks, legs, hands, and thighs. Of course, there are instances where it went out of hand but l can gladly say the fear of the rod, kept me out of harm’s way. The recent High Court judgment in State v Yeukai Graham Mutero HH178-23 has confirmed that corporal punishment or rather beating up children as a way of disciplining them by parents or guardians is legal. In this case, the accused who was the mother of the deceased administered corporal punish

    Lending and borrowing credit are vital activities for the economy and so are transactions that create debts. In my previous articles, I have referred to the term “prescription” . This refers to the expiry of the right to claim a debt. This is to say, the time within which a creditor can claim and recover a debt. If the creditor fails to exercise this right, their claim becomes prescribed or expires subject to a few exceptions provided by the law. This short article will only deal with how the aforesaid prescription is activated. In Zimbabwe, the prescription of debts is governed by the Prescription Act [Chapter 8:11] . There are various prescription periods for different debts these being 30 years, 15 years, 6 years, and 3 years.  There are mainly 3 ways in which prescription is initiated and these are; ·          When the debt becomes due. This is to say where there is an agreement that specifies when the debtor is obliged to pay the debt or when a creditor can demand paymen

The reservation of the 8 th of March every year to commemorate Women’s International Day remains relevant in celebrating achievements by women and the continued pursuit of gender equity and equality. This day isn’t just about celebrating women for television purposes or for social media mileage. This day has everything to do with reflecting on current socio-economic issues still affecting women and creating solutions to solve these existing problems. As l was pondering on this very important day, my mind couldn’t resist reflecting on adultery damages in light of the ongoing Women's Day celebrations. My natural inclination is that today creates a special occasion to reignite the discussion on the continued relevance of adultery damages in Zimbabwe in light of the vast evidence that the delict perpetuates damaging stereotypes against mostly women.  Adultery occurs when a third party knowingly has sexual intercourse with a married spouse in a monogamous civil marriage. The innoce