Legal system refers to the sum total of the law of a given society, and it includes the way it is

made, as well as how it is enforced and the delegated institutions involved in making and
enforcing it. Following the Aftermath of the Colonial Regime, the legal system of Zimbabwe has
been primarily premised upon Common law (Non-Statutory or unwritten law Anglo-Roman
Dutch law), Legislation, Case law and Customary Law. This is with the exception of the
Criminal law which is Codified. Thus illuminating that Zimbabwe has a dual or hybrid legal
system in the sense that, the law in current action is a combination of law that which was adopted
from foreign legal Jurisdictions as well as other Countries. The legal system was adopted from
the Cape of Good Hope by the British settler. Hence it was an inheritance from the Colonial
Masters, the British Settlers Law and the English Grafting apparently. The foregoing essay shall
strongly provide an insight on the history and development of the Zimbabwean legal system in
detail.

On the Onset, the development of the Zimbabwean legal system was due to a sequence of events.
It can be strongly traced from the Roman law in the AD46. During these ages, the Roman Law
was the main law in Europe respectively, but the Dutch in Netherlands did not receive it
completely. Hence the independence of the Dutch from Rome promoted them to preserve their
Customs. Moreover in the 15th and 16th centuries, the Roman law was accepted in Netherlands
and became mixed with the customary law to form what is now known as Roman Dutch Law.
“The step which brought the Roman Dutch law to Southern Africa was when Van Riebeek
brought roman Dutch Law to Cape in 1652as highlighted by Christie (1998). He occupied Cape
and intern brought the Roman Law with him. V.Riebeek was one of the trusted agents of
Netherlands Companies from Netherlands Companies from Holland Province

In a short time, the British colonized and took control of Cape in 1814.” Intern the British did not
replace the working legal system of Cape, but they established a system of Courts on the English
pattern to replace the existing institutions.” Therefore this led to the influencia of English law in
the System of Cape. In the 1880s, British diamond magnate Cecil John Rhodes’ British South
African Company (1980) started to make inroads into the Region of Zimbabwe. Before the
penetration of the Portuguese, the bedrock of Zimbabwean law was African Customary law
which was an unwritten law. This law was not written but was rather ducked in the hearts and
minds of the Indigenous Community leaders and was mostly of an informal system. The country
of Zimbabwe was occupied by the Shona and the Ndebele people which lived with no stratified
system of rules and they were led by elderly Chiefs who had the administration powers over
them. Chi efs had the power to issue royal decrees and these would become the law. October
1889 marked a complete colonial takeover of Zimbabwe. The Company known as the British
South African Company (BSAC) held a Charter which had the go-ahead for complete takeover
of Rhodesia. “In itself the Charter was the first legal document which outlined how Rhodesia
was to be governed and administered”. Hence the Charter was an instrument of governance,
hence enlightening the development of Zimbabwean legal System.

Moreover article 10 of the Charter declared “the company shall to the best of its ability preserve
peace and order in such manners as it shall consider necessary and may with that object make
ordinances to be approved by {the British} Secretary of State, may establish and maintain a force
of Police”. Hence it was crystal clear from article 10 that the company had absolute rule hence
this was the beginning and assimilation of the formal law and its imposition on the Africans. The
traditional system of Governance, significance as well as practice of native laws inevitably
diminished and was ceased as from the time the Charter was gazette in 1889.

Given the deceitful and fraudulent tactics used for effective occupation by Rhodes and his
companies, he began to set up structures to overset administration and governance of the Colony.
A landmark occurrence took place on 20 October 1898. The South Rhodesia order in Council
was enacted. It provided for the appointment of and administrator and a legislative council. The
legislative power had the supreme authority to enact for the peace and order administering
Southern Rhodesia. In October 1923, Rhodesia was formally transformed into a Britsh Colony
Order in Council of 30 July 1923. Hence this influenced the law in Southern Rhodesia to be
adopted from the English Principles. Hence this patently shows that the law was inherited from
outside In “1923 a Constitution came into being as it established a legislative assembly
consisting of thirty elected representatives of electoral districts”. Hence such a development
marked a commencement of a formal parliament a model which is being practiced now in
Zimbabwe. However the 1923 Constitution was further revised and it promoted much powers of
self governance to the territory of Southern Rhodesia. Hence leading to the Unilateral
Declaration because the State was still under British Protectorate.

Due to the UDI, the Queen dismissed Ian Smith and his ministers foe treachery and
insubordination. In 1969 a new Republican Constitution was adoptedas it introduced a Non-
Executive Presidency, a bicameral legislature consisting of a house of Assembly and a Senate.