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Showing posts from March, 2023

High Court Judgment pits Children's Rights Activists against Parents over Corporal Punishment.

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

Confronting the Elephant of Prescription in Debt Recovery by Lincoln Majogo.

    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

Revisiting the Continued Relevance of Adultery Damages in Light of the International Women’s Day Commemorations by Lincoln Majogo.

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