Civil law in Zimbabwe

The Constitution is the supreme legal framework. Acts regulate specific subjects, while Roman-Dutch common law supplies historical private-law principles. Customary law is also recognised, but its application can differ between provinces, districts and customary communities. The applicable rule may therefore depend on the subject, the parties, the land or marriage system involved and the responsible authority. Legal capacity normally begins at majority, which is 18 years in Zimbabwe. Companies and other organisations can have legal rights and duties under the legislation that creates or regulates them. A minor or a person who cannot manage legal affairs may require a guardian or a curator bonis, meaning a person appointed to manage property or financial interests. These issues affect contracts, ownership, litigation and the administration of an estate. Contracts may be oral or written unless a statute or the nature of the transaction requires a particular form. Sales, leases, loans and suretyships create different rights and risks. A sale or transfer of immovable property normally requires formal documentation, conveyancing and registration steps. Depending on the breach and the contract, a court may order performance, cancellation, restitution or damages. The usual prescription period for a claim is three years; bills or notarial contracts generally have a six-year period, while mortgage and judgment debts generally have a 30-year period. Property rights depend strongly on the type of tenure. Registered freehold or leasehold interests are recorded through the Deeds Registry and can create real rights, meaning rights enforceable against others. Other arrangements include State or agricultural land permits, offer letters, A1 and A2 land interests, communal customary occupation and 99-year leases. A private agreement that is not registered may create contractual rights without creating the expected registered property right. Agricultural-land transfers, cessions, assignments, hypothecation and possession may require ministerial consent or other official approval. Land transactions can also require a conveyancer or notary, a survey, registration and local-authority clearance. Family law recognises civil marriages, customary law marriages, registered customary law unions and civil partnerships under the applicable legal framework. The Marriages Act 2022 provides the main statutory structure. Civil marriages are monogamous, while customary marriages may be polygamous or potentially polygamous. Registered marriages have equal legal status, and the general law does not permit a person to maintain a simultaneous civil and customary marriage. The minimum marriage age is 18, and the Constitution prohibits same-sex marriage. An unregistered customary law union may create disputes about property, support or shared contributions without automatically providing the full legal consequences of a formal marriage. Divorce and property division generally proceed through the High Court, while customary-marriage divorce falls within the Magistrates Court's competence under the applicable rules. A deceased estate is administered through the Master of the High Court or the relevant Magistrates Court. The process normally includes a death notice, an inventory, appointment of an executor or administrator, and a liquidation and distribution account. A death notice is due within 14 days. A will is handled under the Wills Act, while intestate estates are handled under the Deceased Estates Succession Act together with the applicable general-law or customary-law rules. A spouse may have an intestate entitlement that includes the matrimonial home and household goods. No person should deal unilaterally with estate assets. Money due to minors or absent heirs may be held through the Guardian's Fund. Estate registration is recorded as free, while administration time depends on the estate and the office handling it. Civil liability commonly arises through delict, the law of civil wrongs. A claimant generally has to establish a wrongful act or omission, fault such as negligence, causation and damage. Claims may concern bodily injury, property loss or non-patrimonial harm. Pure economic loss requires a separate analysis of legal duty and policy. A claim may arise under delict or contract, and remedies can include damages, an interdict or declaratory relief. Criminal proceedings are separate from a civil claim, even when the same conduct creates both kinds of legal issue. Civil disputes may proceed in the High Court, Magistrates Court or a specialised court such as the Children's Court. The Constitutional Court and Supreme Court deal with constitutional and appellate functions, while the High Court also has general civil jurisdiction and supervisory powers. A claimant may use a summons, court application, interdict, declarator, review or urgent chamber application depending on the dispute and the remedy sought. The High Court Rules 2021 and the Civil Evidence Act affect procedure and evidence. The Judicial Service Commission administers the judiciary, while Registrars, the Sheriff of Zimbabwe and the Messenger of Court perform procedural and enforcement functions. A judgment does not automatically recover money or property. Enforcement may require a writ of execution, attachment, delivery, ejectment, garnishee proceedings or a sale in execution. The High Court Registrar issues a writ to the Sheriff. For immovable property, the enforcement process generally examines whether movable assets are insufficient before attachment. A third party who claims the attached property may use an interpleader or objection process. A confirmed judicial sale can be difficult to reverse. A stay of execution, rescission or interdict is available only on the applicable legal grounds. Civil imprisonment is subject to statutory and constitutional limits and cannot be used solely because a person is unable to perform a contractual obligation. Court filing, service, execution, registration, conveyancing and professional fees vary by procedure and transaction. Legal practitioner fees and expert evidence can materially affect a dispute. Legal Aid may be available where the applicant has insufficient means, reasonable grounds and a qualifying need or benefit; a contribution may sometimes apply. Customary dispute resolution through a Chief or customary forum may precede or coexist with a court case, but its authority and effect depend on the dispute and the governing rules.