Category: Legal News

Child Marriages

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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.

Insurance Law Terms To Know

Insurance Law Terms to Know

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Insurance:

It is defined as a precautionary measure against risk. It takes the form of a contract between an insurer and insured person. The contract relates to the transfer of specific risks in exchange for the payment of consideration known as a premium.

Insurance contract:

The case of Lake v Reinsurance Co Ltd is the locus classicus for insurance contracts and defines such as “a contract between an insurer and an insured whereby the insurer undertakes in return for the payment of a premium to render to the insured a sum of money or its equivalent on the happening of a specified uncertain future event in which the insured has an interest”. In the case of Lucena v Crawfort Insurance is defined as a contract by which the one party in consideration of a price paid to him adequate to the risk becomes security to the other that he shall not suffer loss, damage or prejudice by the perils specified to certain things which may be exposed to them. Reinecke defines it as an agreement between the insurer and the insured of and undertaking to perform premised upon the payment of a certain sum determined by the insurer in exchange for the assumption of risk on behalf of the insured.

Consumer:

These are people or organisations that purchase products or services. The term also refers to hiring goods and services. Simply put consumers utilise goods and services for their benefit.

Consumer contract:

In terms of the Consumer Protection Act it is a contract for the sale or supply of goods or services or both, in which the seller or supplier is dealing in the course of business and the purchaser or user is not, but does not include-

  1. a contract for the sale, letting or hire of immovable property or
  2. contract of employment

The definition above was also given in the case of Radar Holdings v Eagle Insurance

Consumer protection:

A well-known author Churchill articulated that consumer protection consumer protection is associated with client education, legal compliance to statutory guidelines and a comprehensive system of assessing and resolving consumer grievances.

Subrogation: This is where one party (the insurer) exercises their rights to pursue a third party in relation to a claim usually on the basis that the insurance company has indemnified the insured in respect of the specified uncertain future event that would have been caused by a third party. The insurance company then takes steps recover the money that the insurer would have paid out to their insured client.

Alternative Dispute Resolution

Alternative Dispute Resolution

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There are five methods that can be used, associated with dispute resolution:

  1. NEGOTIATION

This is the informal bargaining that takes place directly between the parties to the dispute for the sole purpose of coming up with a solution for the situation at hand.  In some instances, parties may opt to have legal representation in a bid to find an amicable solution. In the event that parties do not reach an understanding the parties may then go on to the next stage which is MEDIATION.

2. MEDIATION

Is a process in which a neutral third party (one that has no direct interest in the outcome of the matter) known as a mediator helps the parties to negotiate and resolve their disputes. The mediation process is a very delicate one that requires the objective third party to continuously go back and forth between the parties relaying information in a bid to resolve the dispute. The success of the process is premised on the attitude of the parties as well as the element of confidentiality especially by the mediator. The mediator has two main roles

  • To identify the root cause of the dispute,
  • Prompt parties to reach a solution (mediator does not impose or suggest solutions but rather encourages the parties to reach a solution)

3. FACILITATION

This process is very similar to mediation however this process revolves around resolving the problems that are faced by groups of people

4. CONCILIATION

This is a process where parties to a dispute try to reach an agreement through the aid of a conciliator (impartial third party). The conciliator will advise both parties of their rights but leave the ultimate resolution of the matter in the hands of the parties.

5. ARBITRATION

This is a formal process of resolving a dispute. An arbitrator is appointed and parties have to present their case before the Arbitrator who will then weigh the facts and make a ruling which shall be binding on the parties. For some institutions arbitration is their port of call as compared to the courts and as such in the event of breach of either party to an agreement it may be disputed that the dispute shall be resolved by way of arbitration.