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Rules of Construction or Interpretation re: Retrospective Construction and Effect of Ex Post Facto & Repealed Laws

HH128-09 : ROUTE TOUTE BV & OTHERS vs MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND LAND REFORM AND RESETTLEMENT & OTHERS
Ruled By: PATEL J

Section 16B of the Constitution of Zimbabwe came into operation on the 14th of September 2005. Subsections (2) and (3) of section 16B of the Constitution of Zimbabwe..., provide as follows:“(2) Notwithstanding anything contained in this Chapter –(a) All agricultural land –(i) that was identified on or before the 8th ...
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HB65-10 : (1) CEDOR PARK FARM (PVT) LTD and (2) DAVID STEWART CRAWFORD vs THE MINISTER OF STATE FOR NATIONAL SECURITY, LAND, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT'S OFFICE and OTHERS
Ruled By: KAMOCHA J

The applicants still persisted that their rights over the farms were not retrospectively affected by the provisions of section 16B(2)(a)(i) of the Constitution of Zimbabwe and cited the case of Nkomo and Another vs The A.G and Others 1993 (2) ZLR 422 (S)…,. At 429A-C GUBBAY CJ had this to say – “It is a cardinal ...
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HHH141-11 : THE STATE vs MAXWELL MAPANZURE and KILLION MUWUYA
Ruled By: KUDYA J and CHITAKUNYE J

The present review judgment deals with the issue of whether section 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] has retrospective effect. The section first appeared in the present format as section 12A of the Stock Theft Act [Chapter 9:18] before the Stock Act was repealed by the Criminal Law (Codification ...
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HB32-11 : WINFILDA ZVAVAMWE vs ALICE MPOFU and ANNA SIBANDA and THE ADDITIONAL ASSISTANT MASTER N.O. and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J and MATHONSI J

Counsel for the appellant further argued that the estate could not devolve according to the inheritance regime provided for in the Administration of Estates Act [Chapter 6:01], the relevant provisions of which came into effect through Act No.16 of 1998 which did not have a retroactive effect.
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CC06-17 : GLENS REMOVAL AND STORAGE ZIMBABWE (PRIVATE) LIMITED vs PATRICIA MANDALA
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

DOES SECTION 69(3) OF THE CONSTITUTION RENDER UNCONSTITUTIONAL PARATE EXECUTIE? The issue of whether section 69(3) of the Constitution renders parate executie unconstitutional, of necessity raises the issue of whether or not section 69(3) of the Constitution has retroactive effect and applies to the clause of parate executie that was entered into, executed, and adjudicated upon ...
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SC14-16 : DAVID RICHARD KEMPEN vs CARROL KEMPEN
Ruled By: MALABA DCJ, GUVAVA JA and BHUNU JA

The appeal is, however, grounded on the well-known principle against interpreting statutes in retrospect. This is however only a general principle of law not cast in stone. Thus, in appropriate circumstances, the law may be applied in retrospect as happened in this case. When GUBBAY CJ, in Nkomo Anor v Attorney General ...
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HHB47-15 : DUDLEY RODGERS vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

It is settled law that there is a presumption against retrospectivity of legislation, and that legislation does not govern past incidences, unless the contrary is expressly stated or necessarily inferred from the legislation. See Nkomo and Another v Attorney General and Others 1993 (2) ZLR 422 and Walls v Walls 1996 (2) ZLR 117.
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HH129-15 : DELTA BEVERAGES (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MAKONI J

It is within the Commissioner's powers to approach Parliament to have taxing legislation amended to avoid an ambiguity such as happened in casu and Parliament has the power to make any such amendment retrospective. Parliament was approached to amend the proviso to section 72(2) of the Income Tax Act [Chapter 23:06] but it determined that the proviso be repealed and ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

This case raises for determination questions of the constitutionality of civil legislation's retrospective effect. The applicants are companies duly incorporated in terms of the laws of Zimbabwe. They made an application to the Court in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act (“the Constitution”). They alleged that section 18 of the Labour Amendment ...