I INSTITUTE OF PAYROLL AND TAX

ADMINISTRATION
P 4th Floor,Adven House
Cnr Innez Terrace & Robert
P. O. Box A1687
Avondale, Harare
Mugabe Tel: 758160,757281
T Harare Cell: 0774 171 202
email : zlc@mweb.co.zw
A

NAME: SUCCEED MUTUNGAMIDZWA

Legislative laws are made by an act of Parliament and are enforced by the state.The laws are
debated in the Parliament and then pass through the senate and if they are approved they are
then signed into law by the President.The Government may consult stakeholders before passing a
law and these stake holders include the civic society organizations,churches and other political
players .The labour act 28.01 of Zimbabwe is one such law made by the legislature.Statutory
instruments are made by line ministries and usually they spell out how certain things should done
in that ministry.All laws made should be remain within the confinements of the constitution which
is the supreme law of the country.

Common law is not made by Parliament but it is a collection of legal standards used by judges.It
has three main sections known as the Judge made law,Roman Dutch law and Principles set by
Judges as they decide cases.Decisions made by the superior court are binding and cannot be
altered by a lower court.The High Court is the court with powers to change decisions made by
other courts.Common law is a fusion of Roman Dutch and English laws.This is unwritten law or
non statutory law which is applied to everyone in a society irrespective of race ,tribe or creed.

The custom and practice law is that law which is not written or agreed upon but it is known that it
is done for example workers knocking off at half past four on a Friday instead of half past five.This
is unofficial practice within an industry or organization and it has been accepted as the
norm.There are no set rules.For this law to be legally binding the term being included for example
in a contract must be fair and not queer or odd.The custom being practice in an organization must
be well established ,consistent and be known by all the employees and not the chosen few.

Authoritative text is a body of law which takes priority over others.It is known to be reliable
because its authority and authenticity is wildly appreciated.Writings by legal authorities in the field
of law for example the Roman Dutch Jurists.Governments and universities can be authoritative
sources and even individuals like Professor Lovemore Madhuku have written something in
Zimbabwe.Commentaries and guides to the law in Zimbabwe can written by individuals or groups
of people.
PROGRAMME: DIPLOMA IN HUMAN RESOURCES

MANAGEMENT MODULE: INDUSTRIAL RELATIONS

LECTURER: Mr T. CHIUNYA

QUESTION:
Write notes on the following sources of law: [5 lines each]

1]Legislation

2]Common law

3]Custom and practice

4]Authoritative texts