General Law Amendment Act
- There are multiple commencements:
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
|Part II, section 2, section 3(1), section 4, section 5–6; Part III, section 7–8||commenced on 10 June 1891.|
|Part IV, section 12–13||commenced on 24 September 1920.|
|Part IV, section 16||commenced on 31 May 1935.|
|Part III, section 9||commenced on 1 April 1959.|
|Part IV, section 14||commenced on 30 June 1961.|
|Part III, section 10–11||commenced on 1 January 1979.|
|Part IV, section 15||commenced on 10 December 1982.|
|Part II, section 3(2)||
commenced on (unknown date).
Note: Inserted by Act 3 of 2004.
|Part III, section 11A||
commenced on (unknown date).
Note: Inserted by Act 8 of 2005.
|Part I (section 1)||not yet commenced.|
Part I – Preliminary
1. Short titleThis Act may be cited as the General Law Amendment Act [Chapter 8:07].
Part II – Maritime and mercantile law
2. English law to prevail in maritime casesIn all questions relating to maritime and shipping law in respect of which the High Court has jurisdiction, the law of Zimbabwe shall be the same as the law of England, so far as the law of England is not repugnant to, or inconsistent with, any enactment.
3. English law to prevail in cases of assurance, stoppage in transitu and bills of lading
4. British statutes passed after 11/9/1879 not to applyNothing in sections two and three shall have the effect of giving force within Zimbabwe to any statute passed by the Parliament of the United Kingdom after the 11th September, 1879.
5. Form of pleading, procedure and taking of evidence not alteredNothing in sections two and three shall have the effect of altering the rules and forms of pleading and procedure, the mode of taking evidence or the manner of hearing and trying civil suits in force or in use in Zimbabwe, or the notarial practice of Zimbabwe, whether in regard to the suits, actions and causes mentioned in section two or three or otherwise, or in any way or modifying, altering or interfering with the character or extent of the jurisdiction now exercised by the several courts of Zimbabwe, or of imposing any duty imposed or to be imposed in England for the purposes of the revenue.
6. Duties of marshal in admiralty court to be performed by Sheriff in other courtsThe several duties assigned by the Admiralty Branch of the Supreme Court of Justice in England to the marshal of the said court shall, in the case of shipping or maritime suits in the High Court, be executed by the Sheriff of Zimbabwe or his lawful deputy, or if any such suit or action is brought in a magistrates court, then by the messenger or other duly authorized officer of such court.
Part III – Law of contract
7. Leases not void through injury to property by war, inundation or tempestIn the absence of any special stipulation to the contrary contained in any contract of lease, no lease of land shall become void or voidable, nor shall the rent accruing under such lease be incapable of being recovered, on the ground that the property leased has, through war or insurrection or through inundation, tempest or such like unavoidable misfortune, produced nothing, or on the ground that the lessor himself has absolute need of the land or other property leased.
8. Law of laesio enormis repealedNo contract shall be void or voidable by reason merely of laesio enormis sustained by either of the parties to the contract.
9. Certain laws relating to suretyship to cease to have effectThe enactments of the Roman Law commonly known as the Senatus Consultum Velleianum and the Authentica si qua mulier which, before the 1st April, 1959, formed part of the law of suretyship of Zimbabwe shall cease to be of any force in Zimbabwe, and accordingly shall not apply with respect to any contract, undertaking or transaction of suretyship, guarantee, intercessio or indemnity made, given or entered into on or after that date.
10. Amendment of law in respect of formalities relating to donationsNo contract of donation shall be invalid solely by reason of the fact that it is not registered or notarially executed.
11. Repeal of law relating to prohibition of donations between spousesThe rule of the common law relating to the prohibition of contracts of donation between spouses is declared to be no longer of any force.
11A. Exclusion of in duplum rule in certain cases
Part IV – General
12. Women may hold public or civil offices or appointmentsNotwithstanding anything to the contrary in any law, women may hold any public or civil office or appointment, subject to the same conditions on which such offices may be held by men.
13. Qualifications rendering men and women equally eligible for certain public or civil officesQualifications which, when possessed by a man, render him eligible for admission to any civil or public office in Zimbabwe, by virtue of the possession of such qualifications rendering him eligible for admission to a corresponding office elsewhere, shall, when possessed by a woman, render such woman eligible for admission to any such office in Zimbabwe, subject to such terms and conditions as apply to men.
14. Legitimation of adulterine childrenWhere the father or mother of an illegitimate person was married to a third person when the illegitimate person was born, and the parents of the illegitimate person marry or have married one another after the birth of that person, the marriage shall render that person, if living, legitimate from the date of that person's birth.
15. Reduction of age of majority from 21 to 18 years
16. Abolition of quitrentThe liability to pay quitrent to the State which, were it not for this section, would in terms of any law or any deed of grant of any land fall due on or after the 31st December, 1934, is hereby extinguished.
History of this document
10 June 1891