Zimbabwe law does not guarantee the payment of spousal maintenance after the divorce has been finalized. Since its inception this Journal has had an Editorial Board consisting of editors from the Faculty of Law at the University of, Using religion to sexually exploit young female parishioners Case note on the Gumbura rape cases - By Geoff Feltoe, When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe, Aligning the Administrative Justice Act with the Constitution, Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, SELECTED ASPECTS OF THE 2013 ZIMBABWEAN CONSTITUTION AND THE DECLARATION OF RIGHTS, African Customary Law, Customs, and Women's Rights - Muna Ndulo, A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE, Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23]. General Declaration. For example, in a case of receiving of stolen property, the lawyer will have clarified whether or not the client was aware the property was stolen. See s 18(6) (a) and (b) of the Constitution. (a) Except as provided by Rule 1042.4 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead. NOTICE IN TERMS OF RULE 28(5) TAKE NOTICE THAT: (a) as the Defendant filed a Notice of Intention to Amend its Plea on 9 March 1993; and (b) as no objection was made in writing to this said notice of amendment; the Defendant hereby files the amended pages to its Particulars of Claim. The relevant section read:-, “AND, FURTHER, require the defendant to take notice that, if he/she, fails to enter appearance as aforesaid, the plaintiff’s claims as set out, in the declaration will be heard and adjudicated upon by the High, Court of Zimbabwe sitting at ………on the day ………… of 19 ……, without further notice to the defendant.”. If he pleads not guilty, the case then goes for trial. What then would be the effect of such a marriage when the other party applies for rescission of the default judgment. In ordinary cases a defendant can apply for rescission of the default judgment without any difficulty. Although not expressed, the, jurisprudential basis for such discretion is not hard to find. The question is whether the facts necessary to support a conviction on the current charge are the same as those in the previous case: Ndau 1971 (1) SA 668. Facebook Twitter LinkedIn WhatsApp Telegram Print. For example, Pa. R.C.P. Legal pleading template for filing bankruptcy in U.S. District court, 28-lines. The terms autrefois convict and autrefois acquit which are used in the cases are not used in the CPEA. X must personally plead to the charge; his or her lawyer cannot enter a plea on his behalf. Where the facts indicate the commission of the crime charged, the State and the court should not accept plea of guilty to a lesser offence to save time: Mahango HH-132-87. They are not exhaustive, and appropriate to specific cases. MDC Alliance legislator for Marondera Central, Caston Matewu, has urged the general populace to boycott Proton Bakeries saying that more than 40 workers at the Marondera-based baker contracted COVID-19. This equitable, discretion underlies many recognized instances where the court will stay, In conclusion, I would do no better than borrow from GARDNE JP words in Ncoweni v Bexuidenhout 1927 CPD 130 where he said:-, “The Rules of procedure of this court are devised for the purpose of. 2,143 1 minute read. 10 Combined summons. Jamaican artist I Octane Says Winky D is giving Zimbabwe a Bad Reputation Anna - February 19, 2021 0 Jamaican artist I Octane says Winky D is is killing local music as he is not giving upcoming artists a chance to be heard. If he has previously been tried and either acquitted or convicted for that crime, he cannot be tried again for it: 180(1)(c) and (d) CPEA. My cousin would like to study and subsequently practise law here in Zimbabwe but he has a criminal record. 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