Divisions/categories of law in Zimbabwe

Law may be divided into various categories depending on the purpose sought to be
achieved .Not very division has fundamental legal consequences.
In Zimbabwe there are divisions/categories that lie at the heart of the legal system.
1. Criminal law versus Civil Law
Criminal law deals with wrongs deemed to be against the state and are punishable by
the state. Although these wrongs are committed against individuals, they are regarded
by the legal system to be wrongs against the state.
Criminal Law is a huge branch of the law with its own systems. These systems may
be described as the Criminal Justice System. There is what is called Criminal
Procedure, which is distinct from Civil Procedure. There are Criminal Courts, which
are distinct from civil courts. The state has the prerogative to institute criminal
proceedings against suspected offenders. When the state institutes these proceedings,
it is said to be `prosecuting` and its officials are known as prosecutors. The organ of
state responsible for criminal prosecution is known as the NPA (See section 259 of
the Constitution)
The head of the NPA is known as The Prosecutor General(PG)
A private person cannot institute criminal proceedings in his name except in one
situation-where the state has declined to prosecute and has issued a certificate to that
effect to the person seeking a private prosecution.Nolle prosec
The degree of proof in a criminal case for a conviction is proof beyond a reasonable
doubt.
This is not proof beyond a shade of doubt,it means proof that is so reasonably
sufficient that any doubt remaining is unreasonable.
Civil law on the other hand deals with relations among persons in their individual
capacities. It is any law that is not criminal law.
Civil law has `the civil justice system`, it has Civil Courts and Civil procedures.
There are civil remedies, which are distinct from criminal penalties. Whereas the goal
of criminal law is the punishment of the offender, the primary objective of civil law is
enforcement of civil obligations such as compensation for wrongs done. The standard
of proof in a civil case is proof on a balance of probabilities (more probable than not).
Whereas not every criminal matter will lead to civil law consequences, the general
rule is that a wrong may be both civil and criminal. Where this is the case, both
processes may be initiated at the same time. In general almost all criminal wrongs are
civil wrongs but not vice versa, many civil wrongs are not criminal wrongs eg breach
of contract can never be criminal wrong.
Under our Civil Evidence Act,where a person has been convicted by a criminal court,
that record can be produced in a civil court as conclusive evidence of the facts.
Similarly an acquittal in criminal court is irrelevant in civil court.
A labour case at the workplace even If it involves a criminal element still requires
balance on probabilities .

There is an exception on civil cases that require proof beyond reasonable doubt. These
are cases where it is intended to remove an official from public office or an an office
of trust and the allegations are of a criminal office. Eg removal of a lawyer from the
roll See Mugabe v Mutezo 1994,see alsod Matamisa v Chiyangwa 2001.

For employees it is on Balance of probabilities, see ZESA v Dera

With the law of persons, there exists a field of artificial persons, this are is dominated
largely by English Law through the law of voluntary associations.
Roman Dutch Law has the concept of what is called a Common Law Universitas,
which is an organisation that has existence separate from its members. The other
artificial persons are corporate bodies established under Legislation. The entire
legislation in this area is from the Law of England. Under the law of Obligations
there is a 3rd category not derived from Roman Law and is called the law of unjust
enrichment. In England it is called Law of Restitution, this area of our law is shaped
by both Roman Dutch and English Law.In the filed of the Law of Contract, there is a
broad area covering business transactions, banking and international trade. This
whole area is largely dominated by English Law.
It must be noted that where our law is contained in Legislation, the Roman-Dutch and
English Law background is largely irrelevant. It is all about interpretation. Our rules
of interpretation are largely derived from English Law.in Legislation covering
procedures; it is 100 English Procedural Law.
In the Legislation on procedure, there are provisions that specifically require us to
refer to procedures in England. See section 6 of Supreme Court Act which requires
the Supreme Court to refer to Procedures in the Court of Appeal in England.
Our Law of Procedure is all from the Law of England.
More fundamentaly our Law of Procedure is adversarial as opposed to inquisitorial.
See Chapter 7 of Madhuku.
NATIONAL LAW Vs INTERNATIONAL LAW.
National law is the law of the country made by the institutions that make law. It is
sometimes described as domestic law. International law is Law governing
relationships among states.
It is made by Intenational Institutions .It sometimes provides for rights that are
available to individuals in various states eg International Human Rights. International
Law is not automatically part of our law,it can be enforced by a court of law in
Zimbabwe unless if it is made part of our law in accordance with the constitution.This
is the position even where Zimbabwe is part to an international treaty.
Under setion 326 of of the Constitution, a rule of Customary International Law is
automatically part of the Law of Zimbabwe where it is not inconsistent with the
existing law.
Under section 327,International Law contained in a treaty or other international
instrument is not part of the law of Zimbabwe unless implemented through an Act of
Parliament. There is an indirect room for bringing in International Law namely via
interpretation see section 46,326 and 327.
COURT STRUCTURE
Read Chapter 5, bear in mind courts are in 3 categories, namely
a) CRIMINAL COURTS

Magistrate, High Court, Supreme Court And CC

b) CIVIL COURTS

Magistrate, High Court, Supreme Court And CC

and
c) SPECIALISTS COURTS
eg Constitutional Court, Labour Court
For each court we must know
1) What is its jurisdiction
2) What is its composition