REGION: ____________________HararE_____________________________

PROGRAM: Bachelor of commerce in accounting honors _INTAKE: 34_____

FULL NAME OF STUDENT: Aissa Yasmin Remutula PIN:P1978619L

MAILING ADDRESS: remutulay@gmail.com

CONTACT TELEPHONE/CELL: 0775339404 ID. NO.: 63-2166410 B 63

COURSE NAME: Business law 1 COURSE CODE: BACC105

ASSIGNMENT NO. e.g. 1 or 2: __________1____ DUE DATE: _31/07/2021

ASSIGNMENT TITLE: Business law 1 assignment 1

MARKERS REMARK:

OVERALL MARK: _____________ MARKER’S NAME: ________________________

MARKER’S SIGNATURE:_______________________________ DATE: ___________

Question 1

Discuss the sources of law under the legal system of Zimbabwe? [25marks]

Law anywhere in the world is defined as a system of rules which a country or a community
discerns as regulating the actions of its members and which it may enforce by imposition of
penalties. Source of law can be legally defined as a constitution, treaty, custom or statute that
provides the authority for judicial decisions and for legislation (Source of law.” Merriam-
Webster.com Legal Dictionary, Merriam-Webster, http://www.merriam-
webster.com/legal/source%20of%20law. Accessed 30 Jul..2021.). In Zimbabwe the sources
of law come from different origins and these include the legislation, Case law, Customary
law, Common Law and Authoritative texts.

Legislation is the most common and important law in Zimbabwe. It is a method used to
make new law, change existing law and amending the law. The Zimbabwe legislation is
created by the Zimbabwean constitution. Legislation states that there shall be a parliament
and therefore legislative authority vests The President and the parliament and is assented to
by The President. Law in Zimbabwe is passed down as Bills, where usually a minister
passes a bill that is scrutinized in parliament and once agreed it is sent to the President who
is the head of state and government and can either accept the bill or decline it. If it is
accepted then it is written down as an act or statute in the constitution, if it is declined it is
sent back to parliament for further analysis.

Case law as a source of law in Zimbabwe refers to past decision made during cases that had
unnatural occurrences of the superior courts also known as precedent It establishes the legal
position of cases and reasoning of decisions made by judges in every case, therefore
guiding courts in making decisions in the future for cases that are similar. Zimbabwe in
particular relies on cases of South African region or Roman-Dutch law. Supreme court
decisions are binding on all interior courts in Zimbabwe.

Customary Law in Zimbabwe is the part of law that takes in to account fixed customs and
practises made and done by the different tribes. It is generally recognised as unwritten.
These customs must have existed for a very long time, must be well known and it must not
be contrary to any acceptable morals or statutory provisions. Customary law has no
criminal jurisdiction however it can govern some areas of marriage, inheritance and
guardianship. An example where this can be applied is the criminalization of incest, in the
sexual offences Act and the Criminal Law (Codification and Reform) Act is the recognition
of customary law which prohibits incest or sexual relationship with certain degrees of blood
affinity.

Common Law or otherwise known as Roman Dutch Law in Zimbabwe is a part of English
law that is derived from custom and judicial precedent rather than statutes. Roman Dutch
Law as applied at the Cape of good hope in June 1891 is heavily influenced by English Law.

Last but not least there is Alternative texts, these are the basis of juristic and doctrinal
development of the traditional element of a legal system (Roscoe Pound, Sources and Forms
of Law, 21 Notre Dame L. Rev. 247 (1946). Available
at:http://scholarship.law.nd.edu/ndlr/vol21/iss4/1). Authoritative texts are the use of text
books, journals and any other written evidence by acclaimed legal author. In Zimbabwe the
law relies mainly on the Roman Dutch writers who write commentaries and guides to the law
of Zimbabwe. An example of a legal author is Professor Geoff Feltoe who has written several
guides to the law of Zimbabwe and are referred to in litigation.

To conclude, all five sources of law legislation, custom law, common law, authoritative text
and case law make the basis of Zimbabwe’s legal system designed to keep order in the
country.
2. Advise Mary on what to do in the circumstances. In your answer also advise her on
the methods by which a contract of lease can be terminated? [25 Marks]

In the case of Mary, Martha and John it is noted that Mary rented a house from Martha for
her advertising business for some years and based it on a lease contract that was agreed on by
both parties, however Martha decided to sell this house to John for $2 million. The contract
binding Marth and John is a contract of sale. John intends to use it for his own business of
selling clothes.

Although the house has been sold to John, Mary’s lease is still Valid for another year. Which
means that under the contract Mary can still use the space for her advertising business.
However, John is persisting that she terminates her contract and leave he house to him as he
is now the owner and is also in need of the space for his business.

Law of lease involves immovable property being handed from the lessor(owner of property)
to the lessee(person who wants to use the property). A contract of lease is a mutual agreement
between the lessor and the lessee, whereby the lessee gets temporary use and enjoyment of
property in return gives the lessor a payment of rent.However Mary shoukd know that a
contract of lease can be terminated under the following terms expiration of time that is once
the lease end date has reached then contract of lease is terminated

Where notice is given. This is where either party that is the lessor or lessee give notice to
each other on when they would like to vacate the premisses and upon that date the contract is
terminated. For example if Martha was to give Mary 3 months notice that she would have to
move before she sold the property to John., this would result in termination after 3 months are
complete.

Another way in which a contract can be terminated if the lesee gets the property either by
inheritance or by sale.