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Regulatory News
Regulatory

Bard Santner: Zimbabwe Banking Licence Approved, Expands Financial Sector

NewsDay Zimbabwe · 14 Oct

Regulatory

Delta Corporation Zimbabwe: Punitive Tax Challenges Include US$100M Bill

AllAfrica Zimbabwe · 12 Oct

Legal News
Zimbabwe
Legal News

Zimbabwean Official Muguti Warns Leaders on Bribery, Accountability

In Harare, Zimbabwe, on Tuesday, Provincial Development Coordinator Tafadzwa Muguti issued a stern warning to traditional leaders, local government services directors, and district development coordinators regarding illicit land deals involving 'Sabhuku' (village heads), stating that failing to act against such deals is as culpable as taking a bribe. This development signals a heightened focus by the Zimbabwean government on combating corruption and mismanagement within land administration, particularly concerning the roles of traditional leaders. Muguti's strong stance indicates that authorities are prepared to take action against officials who either participate in or turn a blind eye to illegal land transactions. This has significant implications for the integrity of land tenure systems, property rights, and public trust in governance, suggesting a potential crackdown on practices that have historically led to disputes and disenfranchisement. The legal context for this issue in Zimbabwe is multifaceted, involving the Communal Land Act, the Traditional Leaders Act, and various anti-corruption statutes such as the Prevention of Corruption Act. These laws define the powers and responsibilities of traditional leaders and local government officials in land allocation and administration, while also criminalizing corrupt practices. The courts, including the Magistrates' Courts, High Court, and Supreme Court, are the ultimate arbiters of disputes arising from land allocations and corruption allegations. The key parties involved are Tafadzwa Muguti, traditional leaders (Sabhuku), local government services directors, and district development coordinators, all operating within the framework of Zimbabwe's provincial and local government structures. For legal practitioners, this serves as a critical alert to exercise extreme caution and conduct thorough due diligence in all land-related transactions, especially those involving communal or rural land. Attorneys advising businesses or individuals on land acquisition or development must be acutely aware of the increased scrutiny and potential legal ramifications for any involvement in or benefit from illicit land deals. Furthermore, legal professionals should proactively advise public officials and traditional leaders on their statutory duties and the severe consequences, including criminal liability, for engaging in or condoning corrupt land practices. The specific outcomes of any investigations or prosecutions stemming from this directive are not yet reported.

15 Oct
Zimbabwe
Legal News

SADC Parliamentary Forum Launches Child Marriage Tracking Dashboard

The SADC Parliamentary Forum (SADC PF) officially launched a dashboard designed to track action on child marriage across the Southern African Development Community (SADC) region, as announced by Vice-President Sylvia Lucas-Izaks. This initiative represents a significant step towards strengthening evidence-based action and accountability in the regional fight against child marriage. The dashboard is expected to provide a centralized platform for monitoring progress, identifying gaps, and informing policy interventions across SADC member states. For legal practitioners and human rights advocates, this tool is invaluable as it can facilitate the assessment of national compliance with regional and international commitments, potentially leading to more targeted legislative reforms, improved enforcement mechanisms, and enhanced advocacy efforts to protect children. Legally, the SADC region is bound by several international and regional instruments that prohibit child marriage, including the African Charter on the Rights and Welfare of the Child, the SADC Protocol on Gender and Development, and the Convention on the Rights of the Child. While many SADC member states have national laws setting minimum ages for marriage, challenges persist in their implementation and harmonization. The SADC PF, as a regional parliamentary body, plays a crucial role in promoting legislative alignment and oversight among its member parliaments, though it does not possess judicial powers. The key parties involved are the SADC Parliamentary Forum, represented by Vice-President Sylvia Lucas-Izaks, and implicitly, the parliaments and governments of SADC member states. Legal professionals specializing in human rights, family law, and child protection across the SADC region should familiarize themselves with this new dashboard. It offers a vital resource for research, litigation, and policy advocacy, enabling attorneys to leverage data to support legal arguments and push for stronger legislative and enforcement measures against child marriage. Practitioners should monitor how the data from this dashboard influences national legislative agendas and judicial interpretations, as it could lead to increased prosecutions of child marriage cases and greater legal protection for vulnerable children. The specific impact of the dashboard on legal outcomes or policy changes is not yet reported.

15 Oct
Zimbabwe
Legal News

Harare Scrap Yard Blast: Workers Allege Serious Breaches Against Company

In Harare, Zimbabwe, workers are accusing a Chinese-owned company of serious breaches following a life-threatening blast that occurred at its scrap yard on Craig Allan Road on March 24, reportedly after employees found live explosives mixed with scrap metal they were off-loading from a truck. This incident highlights critical issues concerning occupational safety and health (OSH) and potential corporate liability within Zimbabwe's industrial sector. The workers' accusations of "serious breaches" suggest potential violations of workplace safety regulations, which could trigger investigations by regulatory bodies, lead to significant fines, and expose the company to civil lawsuits for personal injury, wrongful death, or other damages. It underscores the paramount importance of stringent safety protocols, risk assessments, and due diligence, particularly in industries that handle potentially hazardous materials like scrap metal, where unknown dangers can pose severe threats to employee well-being. The legal framework governing occupational safety and health in Zimbabwe is primarily enshrined in the National Social Security Authority Act (NSSA Act) and its subsidiary legislation, including the Factories and Works Act and various regulations. These laws impose a legal duty on employers to provide a safe working environment, conduct regular risk assessments, and ensure the proper handling and disposal of dangerous substances. The Ministry of Public Service, Labour and Social Welfare, through NSSA, is responsible for enforcing these regulations. Civil claims for damages would typically be heard in the Magistrates' Courts or the High Court, while criminal prosecutions for OSH violations could also be pursued. The key parties involved are the unnamed Chinese-owned company, its employees, and potentially regulatory bodies such as NSSA. Attorneys advising companies, particularly those in hazardous industries, must emphasize the critical importance of strict compliance with all OSH regulations, including comprehensive risk management strategies, robust employee training programs, and rigorous safety protocols for identifying and handling dangerous materials. For employees, this incident reinforces their rights to a safe workplace and potential avenues for redress through NSSA claims or civil litigation for injuries or harm sustained. Legal professionals should closely monitor any official investigations by regulatory authorities and potential civil or criminal proceedings that may arise from this incident, as the outcomes could establish important precedents for corporate responsibility and OSH enforcement in Zimbabwe. The specific outcome of the workers' accusations or any official investigation is not reported in the excerpt.

15 Oct
Zimbabwe
Legal News

Cyanide Spill in Chivhu: Police Cordon Off Site, Environment Watchdog Responds

In Zimbabwe, police in Chivhu recently cordoned off a site following a cyanide spill, as reported by the environment watchdog, redirecting traffic as a safety measure. This immediate response highlights the critical nature of hazardous material incidents and the swift action required by authorities to protect public safety and the environment. The excerpt, however, does not provide details regarding the source or cause of the spill, the extent of the contamination, any reported injuries or environmental damage, or the specific outcome of any ongoing investigation or remediation efforts. This incident carries significant legal implications for practitioners, businesses, and the public in Zimbabwe. For businesses involved in mining, manufacturing, or transportation of hazardous substances, it underscores the stringent regulatory environment and the severe consequences of non-compliance or accidental releases. The potential for extensive environmental damage, public health crises, and substantial financial liabilities – including clean-up costs, fines, and civil claims for damages – is immense. For the public, it reinforces the importance of robust environmental protection and emergency response systems, as well as the right to a safe and healthy environment, which is enshrined in the Zimbabwean Constitution. The legal context for such an event in Zimbabwe is primarily governed by the Environmental Management Act (Chapter 20:27), which establishes the Environmental Management Agency (EMA) as the principal regulatory body, referred to as the “environment watchdog” in the excerpt. This Act, along with its subsidiary regulations such as the Environmental Management (Hazardous Substances, Articles and Devices) Regulations (S.I. 268 of 2018), sets out strict requirements for the handling, storage, transportation, and disposal of hazardous substances like cyanide. The 'polluter pays' principle is a cornerstone of this legislation, meaning the party responsible for the spill would be liable for all costs associated with remediation and restoration. Furthermore, criminal charges could be pursued under the Act for negligence or deliberate non-compliance, while civil actions for damages could be initiated by affected parties. The Zimbabwe Republic Police (ZRP) acts under its general mandate to maintain law and order and protect public safety, often collaborating with EMA during such incidents. Attorneys advising clients in sectors that handle hazardous materials in Zimbabwe must proactively review and strengthen their clients' environmental compliance frameworks, emergency preparedness plans, and risk management strategies. This includes ensuring strict adherence to all EMA regulations, conducting regular environmental audits, and establishing clear protocols for incident reporting and response. Practitioners should also be prepared to advise on potential administrative penalties, criminal prosecutions, and civil litigation that could arise from such spills. Monitoring the EMA's investigation into this Chivhu incident, and any subsequent enforcement actions or policy adjustments, will be crucial for understanding evolving regulatory expectations and potential precedents for corporate liability in environmental matters.

15 Oct
Zimbabwe
Legal News

Zimbabwe: Prepares for Manila Summit on Child Violence Amid Rising Cases

In Zimbabwe, the government is intensifying its efforts to combat child violence, including physical and emotional abuse, child marriage, child labour, and emerging threats in digital spaces, in preparation for a global summit in Manila, amidst a surge in such cases despite existing constitutional protections. This proactive stance by the Zimbabwean government highlights a critical societal and legal challenge, signaling a potential for increased legislative action, enhanced enforcement, and greater international collaboration in child protection. For practitioners, this means a heightened focus on family law, criminal law, and human rights, with implications for how cases involving minors are handled and the resources available for victims. The emphasis on digital threats also points to the evolving nature of child protection in the modern era, requiring a nuanced understanding of cybercrime and online safety. The legal context for this development is rooted in Zimbabwe's Constitution, which provides fundamental protections for children, and specific statutes such as the Children's Act [Chapter 5:06] and the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The country's participation in a global summit underscores its commitment to international instruments like the UN Convention on the Rights of the Child (UNCRC), which Zimbabwe has ratified. The courts, from Magistrates' Courts to the High Court, play a crucial role in adjudicating cases of child abuse and enforcing protective orders, while various government ministries and law enforcement agencies are responsible for policy implementation and investigation. Key parties involved include the Zimbabwean government, particularly the Ministry of Justice, Legal and Parliamentary Affairs, and the Ministry of Public Service, Labour and Social Welfare, along with law enforcement agencies and civil society organizations working in child protection. Internationally, the global summit in Manila indicates collaboration with other nations and international bodies focused on child welfare. The outcome of specific legislative or policy changes stemming from this preparatory conference is not yet reported. Practitioners should closely monitor any forthcoming legislative amendments or policy directives related to child protection, particularly those addressing digital threats and child marriage. Family law attorneys, criminal defense lawyers, and human rights advocates should prepare for a potential increase in child-related cases and be well-versed in the updated legal framework and international best practices. Businesses, especially those operating online or providing digital services, should review their child safety policies and data protection measures to ensure compliance with evolving regulations and to mitigate risks associated with child exploitation in digital spaces.

14 Oct
Zimbabwe
Legal News

Zimbabwe: WhatsApp Business Account Takeover Investigation Launched

In Zimbabwe, the government is currently investigating reported takeovers of WhatsApp Business accounts and potential security breaches involving Meta Platforms, the parent company of WhatsApp, to determine if users' financial information has been compromised. This investigation carries significant legal weight, underscoring the escalating threat of cybercrime within Zimbabwe and the government's commitment to safeguarding citizens' digital assets and financial data. For legal practitioners, this signals a growing area of litigation and regulatory compliance, particularly concerning data protection, cybersecurity, and the liability of technology platforms. The outcome could influence future cybersecurity regulations, lead to stricter enforcement actions against non-compliant entities, or prompt demands for greater accountability from international tech companies operating within the jurisdiction. The legal framework governing such incidents in Zimbabwe primarily includes the Cyber and Data Protection Act [Chapter 11:22], which addresses issues such as unauthorized access to data, data breaches, and the protection of personal information. This Act also established the Cyber and Data Protection Authority, which would likely be involved in such an investigation. Additionally, provisions within the Criminal Law (Codification and Reform) Act [Chapter 9:23] may apply to cyber-related fraud or theft. The investigation would involve law enforcement agencies, such as the Zimbabwe Republic Police's Cyber Unit, and potentially the Reserve Bank of Zimbabwe if financial institutions are directly implicated. Key parties in this matter include the Zimbabwean government, through its law enforcement and regulatory bodies, Meta Platforms as the parent company of WhatsApp, and the affected WhatsApp Business account users whose financial information may have been compromised. The specific details regarding the number of affected accounts or the extent of financial compromise are not explicitly stated in the excerpt, and the outcome of this investigation is not yet reported. Attorneys advising businesses, particularly those heavily reliant on digital communication platforms like WhatsApp for commercial operations, must urgently review their cybersecurity protocols and ensure robust compliance with the Cyber and Data Protection Act. Companies should implement stringent security measures, conduct regular vulnerability assessments, and provide comprehensive training to staff on cyber hygiene and data breach response. Legal professionals should closely monitor the progress and findings of this investigation, as it could set important precedents regarding corporate liability for data breaches and the regulatory obligations of technology companies operating in Zimbabwe.

14 Oct
Zimbabwe
Case Law

Zimbabwe High Court: Halts Borrowdale Housing Project HCH 2294/26

In Zimbabwe, the High Court, through Justice Nevile Wamambo, recently issued an interim interdict halting the construction of 23 double-storey cluster houses in Borrowdale, Harare, due to a pending legal challenge concerning the development permit and alleged absence of an environmental clearance certificate. The ruling specifically bars Jane Faith Makoni, her successors in title, agents, and employees from carrying out further construction at No. 8 Hedsor Drive until the final determination of a review application. This decisive action was taken because the court found that continued building, despite the ongoing dispute and allegations of round-the-clock construction, risked rendering the pending legal proceedings meaningless, potentially leaving the applicants with a hollow legal victory. The applicants, Glenbeach Investments (Private) Limited and Leigh Ann Patricia Rudland, initiated the challenge, contending that the municipal committee which issued the permit lacked jurisdiction and that the development proceeded without the requisite environmental clearance. This ruling carries significant legal weight for practitioners and businesses operating in Zimbabwe's property development sector. It unequivocally reinforces the High Court's commitment to preserving the integrity of its judicial processes and upholding the *status quo* during litigation, particularly when interim relief is sought. Justice Wamambo's strong pronouncements, such as

14 Oct
Zimbabwe
Case Law

Zimbabwe High Court: Temba Mliswa Director Removal Bid Fails

Former Norton opposition legislator Temba Mliswa recently lost a High Court bid in Zimbabwe to overturn his removal as a director of Muungwe Investment (Private) Limited, with Justice Jacob Manzunzu dismissing his application with costs on the grounds that it sought to resolve a dispute lacking practical significance. The court found that Mliswa's challenge to his removal as a director in 2021 was moot because the company maintained a practice of annual director appointments, meaning the relief he sought would not have current effect. Mliswa had accused Zanu PF politician Didymus Noel Mutasa, company secretary JSM Consulting (Private) Limited, and others of unlawfully removing him and sought to invalidate company records reflecting his departure, alleging fraud. However, Justice Manzunzu ruled that the application was asking the court to decide abstract, academic, or hypothetical questions, which is not the spirit behind Section 14 of the High Court Act, thus providing no basis for the declaratory relief Mliswa sought. This ruling carries significant legal weight for practitioners in Zimbabwe, underscoring the High Court's firm stance against entertaining academic or moot legal questions, particularly in corporate governance disputes. It highlights the critical importance for litigants to seek timely and practically relevant relief, ensuring their claims address current legal realities rather than past, resolved, or superseded issues. For companies, the case reinforces the necessity of having clear, consistently applied articles of association or shareholder agreements that meticulously detail director appointment, tenure, and removal processes, thereby minimizing ambiguity and potential for disputes. The legal context of this matter primarily involves Section 14 of the High Court Act, which governs the court's jurisdiction and the nature of relief it can grant, emphasizing its role in resolving live controversies. The dispute also touches upon fundamental principles of Zimbabwean company law concerning director duties, corporate record-keeping, and the validity of board resolutions. Key parties included Temba Mliswa as the applicant, Muungwe Investment (Private) Limited as the company, Justice Jacob Manzunzu as the presiding judge, and respondents such as Didymus Noel Mutasa and JSM Consulting (Private) Limited. The mention of separate proceedings (HCHC 42/24) suggests a broader, ongoing legal conflict between the parties. Practitioners advising clients on corporate governance in Zimbabwe should meticulously review company constitutional documents to understand director tenure and reappointment mechanisms. It is crucial to advise clients that any legal challenges to director appointments or removals must be brought promptly and seek relief that has tangible, current practical significance, avoiding purely academic exercises. Businesses, in turn, must ensure their corporate records are accurate, up-to-date, and reflect all changes in directorships in strict accordance with their articles and the Companies and Other Business Entities Act [Chapter 24:31] to prevent similar disputes and ensure compliance. The outcome of this matter serves as a reminder that courts will not engage in purely academic exercises, emphasizing the need for concrete, actionable claims.

14 Oct
Zimbabwe
Legal News

ZW Government: WhatsApp Business Account Takeover Probe Underway

The Government of Zimbabwe recently launched an investigation into an unprecedented wave of WhatsApp Business account takeovers reported in recent weeks, with Minister of Information Communication Technology, Postal and Courier Services Tatenda Mavetera confirming the probe. The investigation involves a coordinated effort between the Ministry, the relevant mobile network operator, the Zimbabwe Republic Police's cybercrime division, and Meta, the parent company of WhatsApp. The primary concern is that criminals might be exploiting compromised accounts connected to Meta's advertising services and associated payment arrangements, potentially leading to financial fraud or unauthorized transactions. Investigators are examining various potential causes, including the involvement of SMS termination partners, commonly known as aggregators, and vulnerabilities within the affected platforms' systems. Minister Mavetera emphasized that the investigation is ongoing, and evidence is still being gathered to establish responsibility, with active engagement with Meta to support account protection and recovery efforts. This government-led probe signifies a critical development in Zimbabwe's approach to cybersecurity and digital commerce, highlighting the increasing vulnerability of businesses and individuals to sophisticated cyber threats. The involvement of multiple state actors and an international tech giant like Meta underscores the complex, multi-jurisdictional nature of modern cybercrime and the necessity for collaborative responses. For practitioners, this signals a heightened regulatory focus on digital security and data protection, potentially leading to new guidelines, enforcement actions, or amendments to existing legislation, such as the Cyber and Data Protection Act [Chapter 11:22], to better safeguard digital assets and consumer financial information. The legal context of this investigation primarily falls under the ambit of cybercrime legislation, particularly provisions related to unauthorized access to computer systems, data breaches, and online fraud, which are addressed by the Cyber and Data Protection Act. The Zimbabwe Republic Police's cybercrime division's involvement indicates a criminal investigation, while the Ministry of ICT's role points to regulatory oversight and policy development aimed at protecting the digital economy. Key parties include the Government of Zimbabwe, represented by Minister Tatenda Mavetera, the Ministry of Information Communication Technology, Postal and Courier Services, the Zimbabwe Republic Police's cybercrime division, Meta, and the affected mobile network operators and SMS aggregators under scrutiny. Attorneys should proactively advise businesses and individuals in Zimbabwe to immediately enhance their digital security practices, particularly for WhatsApp Business accounts. This includes implementing robust two-factor authentication, regularly reviewing linked devices, and diligently monitoring advertising activity and payment transactions for any suspicious behavior. Legal professionals must closely monitor the progress and findings of this investigation for any forthcoming regulatory changes, new compliance requirements, or official advisories from the Ministry of ICT or other relevant authorities. This incident serves as a stark reminder of the paramount importance of robust cybersecurity measures and continuous vigilance against evolving digital threats in the rapidly expanding digital landscape.

14 Oct