Unit 1

BUSINESS LAW IN
ZIMBABWE
INTRODUCTION
UNIT 1
What is Law?
• Defined as a body/ set of rules/ Policies/ Procedures/ norms and
values by a group or society or nation that is enforceable by the state
or any other law making body.
• Law regulates the behavior of people in families, social institutions,
organizations and communities.
• Laws can be written (Statutes/Regulations) and can also be unwritten
(customs/customary)
• Law prescribes what is right and wrong, what we can do and must
not do by setting parameters of behavior.
Functions/Purposes of Law
Law serves a host of functions, socially and in business circles. The following are
the functions:
1. To preserve morale values in principle/Enforce Morality –
• Rules and regulations are put in place to preserve morale principles
• They outline what is moral and immoral and the law enforcement agencies are
meant to enforce the moral principles.
2. To maintain peace and order

• Law prescribes what is right and wrong and it regulates behavior
• As a result chaos is reduced and order is maintained
• Peace prevails because of standing rules and regulations
3. To protect the rights of the ordinary citizens
• An ordinary citizens has rights and is vulnerable such that the
rights can be easily maligned upon
• These rights are only protected if there are standing rules and
regulations that outline what is wrong and right.
4. To do justice between man

• Justice entails what is right, fair and reasonable to an average
citizen/a fair minded person
• A reasonable man test is used to establish whether justice prevails
• If one is made to compensate/pay damages where necessary, then
justice would have prevailed
5. To protect the rights of the lawmaker/legislator
• Rules and regulations are meant to further the interest of the
lawmaker by regulating the behavior of the people to whom they
apply
4. To regulate business Transactions

• Law is meant to regulate business transactions especially the law
of contract which outlines terms and conditions to an agreement
Characteristics/Essentials/Nature of Law(Postulates
of Justice)
For rules and regulations to be regarded as good, they should meet
certain essential requirements/characteristics commonly known as
Nature of Law/Postulates of Justice
Postulates of Justice Include:
1. Good Law should be equally applied
• To persons in the same group/category
• It should not discriminate between the rich and the poor, male and
female, blacks and whites.
Characteristics/Essentials/Nature of Law(Postulates
of Justice) cont.
However, good law should discriminate between:
i. Majors and Minors
ii. Sane and Insane
iii. Solvent and Insolvent
iv. Sober and Drunk
2. Good law should be uniformly observed (Uniform Observation)
• As set of rules/regulations should be uniformly observed by all
people who constitute a society, community/nation i.e. College
regulations should be uniformly observed by all students
regardless of their social status gender/position at work.
3. Good Law should be certain and General

• This means good laws should not have sudden changes because
such changes will confuse the people to whom it applies to.
However good law should move inline with the ever-changing
legal environments.
4. Good Law should be acceptable
• This means the law enforcing agencies should be met with little/no
resistance by the people to whom it applies to.
• If law is rejected, it ceases to be good.
5. Good Law should be enforceable

• This means that the law enforcing agencies should not have
difficulties in enforcing a piece of legislation.
6. Good law should do justice between man
• This means good law should yield fairness between man/citizens.
7. Good Law should be reasonable

• A reasonable man’s test is used to determine whether a set of
rules is reasonable or not.
8. Good Law should have a long establishment/Long standing

• Law should be in place for a reasonable time for it to be known
and understood by an average citizen.
Divisions/Types of Law
1. National and International Law
• Refers to rules and regulations that are confined or restricted to
national boundaries (National Law)
• These rules and regulations are regarded as Native/Indigenous
Laws because they only apply to locals/native people.
• Customs (Customary Law) and Legislative (Statutory Law) are
examples of National Laws i.e. Domestic Violence Bill in Zimbabwe
Divisions/Types of Law cont.
• International Law refers to rules and Regulations that are observed
and recognized internationally around the globe.
• Murder, Genocide, Rape, Assault, Fraud and Forgery are
condemned crimes internationally and the Law that applies to
these areas of crime are regarded to as International Law.
2. Criminal Law and Civil Law
• Criminal Law – refers to the rules and regulations that seek to
protect public interest and rights.
• Civil Law (Law of Delict) – refers to rules and regulations that

seek to protect private interests and rights against infringements.
Difference between Private and Public Law
Criminal Law Civil Law/Law of Delict
Seeks to protect public rights and Protects private rights and interests
interests
Aims to punish the offender through Aims to compensate the injured party
fines, imprisonment or both, through payment of damages e.g. Case
community service of Boka Vs Manatse were Plaintiff
claimed damages for defamation
A crime is an act of misconduct Civil wrong/delict is an act of
committed by an individual against a misconduct committed by an individual
state and punishable by a state against another individual
Crimes are tried in criminal divisions Delicts/Civil wrongs are tried in civil
of courts divisions of court
Difference between Private and Public Law
cont.
Criminal Law Civil Law/Law of Delict
Crime require proof beyond reasonable A delict requires a probability
doubt (100% evidence) of proof (49-51% evidence)
Parties to a crime are: Parties to a delict are:
a. Accused and a. Plaintiff and
b.Complainant b.Defendant
State serves through the Plaintiff sues personally
police/Prosecutor through a lawyer
Accused is either Convicted or Defendant is either Liable or
Acquitted Not.
• A single Act of misconduct can be 2 in 1, that is both Criminal and
Civil e.g. a murder case (Zesa Vs Dera). It is a crime because the
accused will be tried in Criminal Courts for conviction/acquitted. It
is also a delict/civil wrong because the defendant can be tried in
Civil Courts so that the family member of the deceased can be
compensated through payment of damages.

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BUSINESS LAW IN

2. To maintain peace and order

4. To do justice between man

4. To regulate business Transactions

3. Good Law should be certain and General

5. Good Law should be enforceable

7. Good Law should be reasonable

8. Good Law should have a long establishment/Long standing

• Civil Law (Law of Delict) – refers to rules and regulations that

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