Author: nnlaw

What Is A Power Of Attorney?

Posted by nnlaw on with 0 Comment

A Power of Attorney is a written authorisation to represent or act on behalf of another in private affairs, business, financial or legal matters. There are a number of reasons why one may need someone to make decisions or act on behalf of them, for example when they are outside the country or when they are unable to perform the task on their own due to some incapacity – illness, imprisonment, etc. The person authorising another to act on their behalf is called the Principal Grantor and the one authorised to act is the Agent or Grantee.

 A Power of Attorney deposed to in Zimbabwe must be signed before a Commissioner of Oaths, whilst one signed outside Zimbabwe must be signed before a Notary Public who affixes his or her notarial seal. There are two types of Powers of Attorney:

  1. General Power of Attorney

A General Power of Attorney allows the Agent or Grantee to do any and all things one could legally do. By signing a Power of Attorney the Principal does not only empower the Agent to act, but also indicates to third parties that he or she will be bound by acts performed by the Agent. A properly authorised Agent who validly enters into a contract on behalf of his Principal is therefore protected from any liability arising from that contract. A General Power of Attorney is wide and all-encompassing. It gives the Agent a vast amount of power to act on behalf of the Principal. However, the fact that a General Power of Attorney is broad may be dangerous for the Principal in that an Agent may enter into transactions not contemplated by the Principal which may leave the Principal liable and facing prosecution whether civil or criminal.

2. Special Power of Attorney

If a Principal wishes to limit the Agent’s authority to a specific, identified activity or transaction, a Special Power of Attorney must be used. An example would be when one instructs a Conveyancer to pass Transfer, to register a Mortgage Bond over an immovable property; appoints an Attorney to represent them in Court or give an Attorney power to sign documents on their behalf.

Generally, it is not advisable to make a Power of Attorney indefinite or permanent. A Power of Attorney whether General or Special should have a date for its expiration which date must be clearly stated in the authorising document.

Child Marriages

Posted by nnlaw on with 0 Comment

Marrying a girl or boy under the age of 18 is regarded as being unconstitutional and warrants a criminal offence according to provisions the Constitution of Zimbabwe, 2013 and the Legal Age of Majority Act. Any person who has not attained 18 years in Zimbabwe is a minor, and is protected by the laws of the land from marriage. Getting married to a minor in Zimbabwe is a serious offence frowned upon by the Legislature.

Section 78 of The Constitution of Zimbabwe makes provision for the following,

Marriage rights

(1) Every person who has attained the age of eighteen years has the right to found a family.

(2 )No person may be compelled to enter into marriage against their will.

(3) Persons of the same sex are prohibited from marrying each other.

Section 81 of the same Constitution defines what a child is and provides for the rights of children, while Section 44 provides for the protection of such rights. The case of Mudzuru & Anor v The Minister of Justice, Legal and Parliamentary Affairs&Ors, The Constitutional Court held that,

“The age of sexual consent which currently stands at 16 years is now seriously misaligned with the new minimum age of marriage of 18 years. This means that, absent legislative intervention and other measures, the scourge of early sexual activity, child pregnancies and related devastating health complications are likely to continue and even increase. The upside is that the new age of marriage might have the positive effect of delaying sexual activity or child bearing until spouses are nearer the age of 18. The downside is that children between 16 and 18 years may be preyed upon by the sexually irresponsible without such people being called upon to take responsibility and immediately marry them. Thus, there is an urgent need, while respecting children’s sexual rights, especially as between age mates as opposed to inter-generational sexual relationships, to extend to the under-eighteens the kind of protection currently existing for under-sixteens with the necessary adjustments and exceptions”. In light of these legal provisions, members of the public are encouraged to report cases of child marriage to the police.

Constitutional Rights Of Arrested Or Detained Persons

Constitutional Rights Of Arrested Or Detained Persons – Section 50

Posted by nnlaw on with 0 Comment

1. Section 50(1) of the Constitution provides that a person arrested or detained must:

  • be informed at the time of arrest of the reason for the arrest;
  • be permitted, without delay—
  • at the expense of the State, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and
  • at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice, and must be informed of this right promptly;
  • be treated humanely and with respect for their inherent dignity;
  • be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention; and
  • must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful. 

2. Section 50(4) provides that a person who is arrested or detained for an alleged offence has the right—

  • to remain silent;
  • to be informed promptly of their right to remain silent and of the consequences of remaining silent and of not remaining silent;
  • not to be compelled to make any confession or admission; and
  • at the first court appearance after being arrested, to be charged or to be informed of the reason why their detention should continue, or to be released. 

3. Section 50(5) provides that a person who is detained, including a sentenced prisoner, has the right—

  • to be informed promptly of the reason for their being detained;
  • at their own expense, to consult in private with a legal practitioner of their choice, and to be informed of this right promptly;
  • to communicate with, and be visited by a spouse or partner, a relative, the person’s chosen religious counselor, the person’s chosen legal practitioner, the person’s chosen medical practitioner and subject to reasonable restrictions imposed for the proper administration of prisons or places of detention, anyone else of the person’s choice;
  • to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at State expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment;
  • to challenge the lawfulness of their detention in person before a court and, if the detention is unlawful, to be released promptly.