
Frequently Asked Questions
Clear answers to common questions about our comprehensive legal services, from Corporate and Commercial Law to Debt Recovery.
Categories
1. Corporate and Commercial Law
A: We assist with the formation and registration of all types of business entities in Zimbabwe, including private limited companies, public companies, partnerships, sole proprietorships, and trusts. Our services cover drafting memoranda and articles of association, shareholder agreements, partnership deeds, and ensuring full compliance with the Companies and Other Business Entities Act. We also advise on the most suitable structure for your specific commercial objectives.
A: Yes. We provide ongoing advisory services to ensure your business operates within the full scope of Zimbabwean regulatory requirements. This includes compliance with corporate governance codes, industry-specific regulations, tax obligations, and anti-money laundering legislation. We also assist with due diligence for mergers, acquisitions, and joint ventures to mitigate legal risk.
2. Civil and Criminal Law
A: Our legal practitioners provide representation across all tiers of the Zimbabwean judicial system, including the Magistrates' Courts, the High Court, the Supreme Court, and the Constitutional Court. Whether your matter involves a civil dispute such as breach of contract or a criminal charge, we bring meticulous case preparation and persuasive courtroom advocacy to every case.
A: A civil case involves a dispute between individuals or organisations, typically concerning rights, obligations, or compensation — such as breach of contract, property disputes, or personal injury claims. A criminal case, on the other hand, involves the State prosecuting an individual for an alleged offence against the law. The burden of proof and procedural rules differ significantly between the two, and our team is experienced in handling both.
A: The duration of a court case depends on several factors, including the complexity of the matter, the court in which it is heard, the volume of evidence, and whether the opposing party contests the proceedings. Simple matters in the Magistrates' Court may be resolved within a few months, while complex High Court litigation can take a year or more. We always explore alternative dispute resolution methods such as negotiation, mediation, or arbitration where appropriate, as these can offer faster and more cost-effective outcomes.
3. Employment, Labour Law and Arbitration
A: We provide comprehensive legal support for employees facing workplace issues. This includes advice on unfair dismissal claims, workplace discrimination, contract disputes, unpaid wages or benefits, retrenchment procedures, and harassment. We can represent you in negotiations with your employer, at internal disciplinary hearings, in conciliation and mediation proceedings at the National Employment Council, and before the Labour Court if necessary.
A: In Zimbabwe, labour disputes generally need to be referred within specific timeframes. For unfair dismissal matters, the referral should typically be made within 30 days of the dismissal. For unfair labour practices, the timeframe is usually 90 days from the date the practice occurred. However, these timelines can vary depending on the nature of the dispute and the applicable legislation. We strongly recommend consulting with us as soon as possible to ensure your rights are protected within the prescribed periods.
4. Real Estate and Property Law
A: We offer end-to-end legal support for property acquisitions, disposals, and developments. This includes conducting thorough title deed searches, drafting and reviewing agreements of sale, negotiating terms on behalf of buyers or sellers, and handling all Deeds Office registrations. We also advise on land-use regulations, zoning compliance, subdivision applications, and the resolution of complex land disputes.
A: Before any property purchase, we conduct a comprehensive due diligence exercise that includes a title deed search at the Deeds Office to confirm the seller's ownership, verify the property boundaries, and identify any encumbrances such as bonds, caveats, or servitudes registered against the property. This process is essential to ensure your investment is legally sound and free from hidden liabilities.
5. Family Law and Estate Planning
A: If a person dies without a valid Will (intestate), their estate is distributed according to Zimbabwe's intestate succession laws. The Master of the High Court will appoint an executor or administrator to manage the estate. The distribution follows a specific legal hierarchy, typically prioritizing the surviving spouse and children. Our team guides families through this sensitive process, ensuring the estate is administered fairly, transparently, and in full accordance with the law.
A: Estate planning is essential regardless of the size of your estate. A well-drafted Will, combined with appropriate trust structures and beneficiary designations, ensures that your assets are distributed according to your wishes, minimizes potential disputes among family members, and can significantly reduce the tax and administrative costs of winding up your estate. We recommend beginning the process as early as possible and reviewing your plan whenever your circumstances change — such as marriage, the birth of a child, or the acquisition of new assets.
6. Conveyancing and Notarial Practice
A: The standard conveyancing process in Zimbabwe typically takes between 6 to 12 weeks from the date of signing the agreement of sale. However, this timeline can vary depending on factors such as the complexity of the transaction, how quickly all parties provide the required documentation, and the current processing times at the Deeds Office. We keep you informed at every stage and work to complete the transfer as efficiently as possible.
A: A Notary Public authenticates documents that require official recognition, particularly for international use. This includes notarizing powers of attorney, international contracts, ante-nuptial agreements, and notarial bonds. If you are involved in a cross-border transaction or need a document to be legally recognized in a foreign jurisdiction, our registered Notaries ensure that every document is prepared with the precision and formality required for absolute legal certainty.
7. Debt Recovery
A: Our debt recovery process begins with a thorough assessment of your claim and the debtor's circumstances. We then issue a formal letter of demand, giving the debtor a reasonable period to settle the outstanding amount. If the matter remains unresolved, we proceed with litigation, which may include obtaining a court order, attaching assets, or initiating garnishee proceedings against the debtor's income. Throughout the process, our focus is on achieving a swift and cost-effective resolution.
A: It depends on the specific circumstances, including the amount owed, the debtor's ability to pay, and the costs involved in recovery. We provide an honest, upfront assessment of the viability of your claim before any action is taken. In many cases, a well-drafted letter of demand from a law firm is sufficient to prompt payment without the need for court proceedings. We always aim to recover your money in the most efficient and cost-effective manner possible.
A: Yes, cross-border debt recovery is possible, though it involves additional legal considerations. We can pursue enforcement of Zimbabwean court judgments in foreign jurisdictions through reciprocal enforcement agreements or by initiating fresh proceedings in the country where the debtor now resides. We assess each case individually and advise on the most practical and cost-effective route to recovering the funds owed to you.
Still Have Questions?
Every legal matter is unique. If your question wasn't addressed above, our team is ready to provide personalized guidance. Don't hesitate to reach out—our doors are always open to assist you.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Every legal matter is unique, and outcomes depend on individual circumstances. For advice specific to your situation, please consult directly with our legal professionals. Malinga Masango Legal Practice assumes no liability for actions taken based on the information provided herein.