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MawereSibanda announces new associates: 1 January 2022

MawereSibanda Commercial Lawyers are pleased to announce the following associates effective 1st January 2022. Justin Kuipa Justin is a dedicated junior associate who graduated from The University of Liverpool in 2017.  Since joining the firm, his main areas of work are in Mergers &Acquisitions, Project Finance, and Corporate Advisory departments. Justin also provides general legal […]

How to choose a company name

Companies Weekly is a series of articles in which we enlighten interested persons in all matters relating to company law in Zimbabwe and the associated procedures in the Companies Office. In this week’s update, we focus on how to choose a company name. Often times various names have been rejected for reservation without sufficient explanation […]

Alec Muza Appointed to INTA Leadership Development Committee

  Alec Muza has been appointed the International Trademark Association INTA Leadership Development Committee for the 2022–2023 term. “The Leadership Development Committee develops insightful, engaging, and interactive educational programs and services specifically designed for the professional growth and development of INTA volunteers to perform leadership roles within the Association or their organizations. Work includes content development, […]

Announcements |

Legal due diligence in private equity transactions

by Zola Ndlovu What is private equity? “Private equity” is an investment in the equity of a non-listed company. A private equity investor is a shareholder of the company whose rights are not governed by the rules of a stock exchange. In terms of section 85 of the Companies and Other Business Entities Act [Chapter […]

Corporate Advisory |

A Look into the Proposed Changes in the Insurance Bill, 2021

The Insurance Bill; which recently got a thumbs up from Cabinet, seeks to repeal and replace the current Insurance Act [Chapter 24:07]. The lobbyists for the Bill have highlighted that the major motive behind the Bill is to usher in best practices which have long been begged for in the insurance industry as well as […]

Corporate Advisory |

The African Continental Free Trade Area Agreement: A Step Closer Towards Achieving Integration

The African Continental Free Trade Area Agreement “AfCFTA” is an agreement amongst African Union member states who have signed and ratified the agreement, to create a single liberalized African market. It was approved by the 18th ordinary Session of Assembly of Heads of State and Government, held in Addis Ababa, Ethiopia in January 2012. Zimbabwe […]

Corporate Advisory |

What an investor needs to know about trading on the Victoria Falls Stock Exchange (VFEX)

WHAT IS THE VFEX? The Victoria Falls Stock Exchange (VFEX), a subsidiary of the Zimbabwe Stock Exchange (“ZSE”) established to kick start the Offshore Financial Services Centre (OFSC) earmarked for the special economic zone in Victoria Falls was established in 2020. Its trading currency is in United States Dollars. As such, dividends will be paid […]

Corporate Advisory |

Assessing the concept of Special Economic Zones – 5 years down the line

On 7th February 2020, the Zimbabwe government gazetted the much anticipated Zimbabwe Investment and Development Agency Act [Chapter 14:37]. The Act was introduced in order to promote and facilitate investment in the country, and also repealed and replaced the Special Economic Zones Act [Chapter 14:34]. This effectively made the ZIDA act the new legislation governing […]

3 Things You Need to Know Before Suing a Deceased Estate

1. Sue the executor or executrix by name and not the estate The Supreme Court recently restated the position of the law with regards to suits against deceased estates. (Cosma Chiangwa v David Katerere & Ors SC 2021) The court stated that one cannot sue the estate but the executor or executrix. Likewise, it is […]

Commercial Litigation & Arbitration |

You can now designate The Gambia in an ARIPO application

On 3 August 2021 it became possible to designate the Republic of the Gambia in an ARIPO application in terms of the Banjul Protocol. This brings the number of countries which may be designated in an ARIPO application to 12, namely, Botswana, the Kingdom of Eswatini, The Gambia, the Kingdom of Lesotho, Liberia, Malawi, Mozambique, […]

Intellectual Property |

“No jab, no job” – Can an employer force employees to get vaccinated?

The government of Zimbabwe has undertaken to have every eligible Zimbabwean vaccinated by end of August 2021. However, the government has acknowledge one major resistance, it cannot force everyone to be vaccinated hence it has revised its stance to urging everyone to be vaccinated. To date there is no law that mandates everyone to be […]

Employment Law |

Aspects of termination of employment for incapacity – some insights

Section 14(4) of the Labour Act permits an employer to terminate the employment of an employee who has exhausted the sick leave prescribed in the Act. A more often raised question relating to this subject matter is that, whether an employer is obliged to notify an employee in anticipation of, or upon, the expiry of […]

Employment Law |

COVID 19 Alert – Protocols at the Deeds, Companies and Intellectual Property Office

We wish to notify our valued clients of the new Deeds, Companies and Intellectual Property Office protocols which will affect our Real Estate and IP department in its usual efficiency in the provision of conveyancing, securitisation and local trade mark application services. Our Corporate Law department is also affected with regards to companies due diligences […]

COVID-19 Client Support |

COVID 19 Alert – Temporary shutting down of court operations

We wish to notify our valued clients of the Practice Direction Number 6 of 2021 issued by the Chief Justice of Zimbabwe with regards to the temporary shutting down of court operations until 19 August 2021 except for initial remands, urgent applications and processes and bail applications. During this period, new ordinary court filings such […]

Analysing the Pensions and Provident Funds Bill against the current challenges in the Insurance and Pensions sectors

The Pensions and Provident Funds Act [24:09] The Pensions and Provident Funds Act has been in force since 1st July 1976. Throughout the course of time, the Insurance industry has seen dynamic changes financially and administratively without any major adaption by the governing Act. As such, calls for change based on the challenges within the […]

Legal Clerk – Company Registrations

Position: Legal Clerk – Company Registrations   Position Overview We are looking for an experienced, organized and efficient Legal Clerk to join our firm. The main role for the Legal Clerk will be to do company registrations and general company secretarial work. The clerk must however be versatile and have knowledge of clerical work involved […]

Jobs |

MawereSibanda Celebrates 20 Years of Establishment

When a man looks into a mirror, the image reflects who he is today, but it also reveals who he used to be. Although appearances change, many of the underlying characteristics remain the same. The same is true of MawereSibanda Commercial Lawyers, as we celebrate our 20th anniversary and reflect on who we are now. 2021 is […]

MawereSibanda announces appointment of Zola Ndlovu to Associate Partner

MawereSibanda Commercial Lawyers is pleased to announce the appointment of Zola Ndlovu to the position of Associate Partner with effect from January 2021. Zola Ndlovu specialises in trade marks, designs and patent matters. With clients in many sectors, Zola’s experience ranges from clearing brands for use, through to preparing Africa-wide registration programs. During her time […]

Announcements |

Back To Basics: Cabs & Ors V Penelope Douglas Stone & Anor: Case No. SC 15/21

The Applicants, Stone and Beattie, had a USD savings account with CABS which was opened in 2011. As at the end of October 2016, their account had a credit balance of US$142 000.00. On 31st October 2016, the President of Zimbabwe introduced bond notes and coins. He then declared that they would be legal tender […]

Commercial Litigation & Arbitration |

Labour: Minimum wages gazetted in first quarter of 2021

In the first quarter of 2021, a number of industries reviewed the minimum wage payable by an employer. The industries covered in this note are the Engineering Iron and Steel Industry, Printing, Packaging and Newspaper Industry, Textile Industry, Insurance and Pensions Industry and Catering Industry. Download Minimum wages gazetted in first quarter of 2021 (free […]

Vacancy: Office Administrator

Position: Office Administrator Duties and Responsibilities The Office Administrator’s duties and responsibilities include, but are not limited to Performing general administrative duties such as procurement of office supplies, furniture, equipment, staff uniforms Maintaining procurement records Develop and maintain effective administration procedures Attending meetings and preparation, transcription and distribution of meeting minutes Coordinating and maintaining team […]

Jobs |

Vacancy: IT Administrator

Position: IT Administrator Responsibilities: • Planning, directing, coordinating, designing ICT-related activities, as well as defining and implementing ICT policies, procedures and best practices• Providing administrative direction and support for daily operational activities of the ICT department• Maintaining the general computing and network infrastructure within the firm• Managing the network infrastructure• Creating and managing user accounts• […]

Jobs |

MawereSibanda recognised in Chambers 2021 ranking of the world’s leading lawyers

MawereSibanda has been highly recommended by London-based international directory Chambers Global 2021. According to Chambers & Partners commentary, MawereSibanda is lauded for being professional, knowledgeable and responsive,” and sources perceive it to be “one of the most respected firms in Zimbabwe.” In addition to the firm ranking, V. B. Sibanda and Tatenda Mawere, founding partners […]

MawereSibanda advises ZimRe on acquisition of control block of Fidelity Life Assurance of Zimbabwe Limited and entire shareholding of ZPI

MawereSibanda was the legal advisor in ZimRe Holdings Limited’s (ZHL) acquisition of 38,224,928 Fidelity Life Assurance of Zimbabwe Limited shares and ZHL’s acquisition of all the ordinary shares in ZimRe Property Investments Limited. Prior to the transaction, ZHL held 20.57% shareholding in Fidelity Life Assurance Zimbabwe. The acquisition of shares in Fidelity Life Assurance, which […]

NEWSFLASH: Extension of time for companies to re-register

The period within which all companies and private business corporations must re-register in terms of the new Companies and Other Business Entities Act has now been extended to 13th February 2023. Under the new the Companies Act, all companies and private business corporations were supposed to re-register by 13th February 2021 failing which they would […]

Supreme Court sets limits of Turquand Rule with regards to former employees who are aware of the internal processes

Brief facts of the case Emma Kundishora (the Appellant) was employed by Zimbabwe Red Cross Society (the Respondent) as the Secretary General. The Appellant was suspended from her employment pending investigation into and assessment of her performance. She chose to resign from the organisation. In acknowledging the resignation, the acting president of the organisation set […]

Employment Law |

New statutory measures on the protection of domestic and international investments in Zimbabwe

The Zimbabwe Investment Development Agency Act [Chapter 14:37] (hereinafter Z.I.D.A Act) became law on 7 February 2020. It heralds a new legal regime whose intention is to restore investor confidence in Zimbabwe. The Z.I.D.A Act repealed the Zimbabwe Investment Authority Act [Chapter 14:30] (Z.I.A), Special Economic Zones Act [Chapter 14:34] and Joint Ventures Act [Chapter […]

How trade secrets can bring value to your business

Hush – hush! – It is a trade secret. Business in the modern world has become cutthroat and to remain competitive and to meet the ever evolving customer demands, businesses are being forced to innovate and improve their product offerings and services. The said innovation is driven by information which if it lands in the […]

Intellectual Property |

Mozambique joins the Banjul System

With effect from 15 August 2020, brand owners can use the Banjul system to protect their marks in Mozambique and ten other countries by filing one application and paying one set of fees. On 15 May 2020, Mozambique deposited its instrument of accession to the Banjul Protocol on Marks with the Director General of ARIPO, […]

Guidelines for Reopening of Businesses – Level 2 Lockdown

Following the announcement of the further extension of the national lockdown to the 17th May 2020, The Minister of Health published the Public Health (COVID – 19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 5) (Statutory Instrument 99 of 2020). This order must be read alongside the guidelines set by the Ministry […]

COVID-19 Client Support |

What You Need to Know about the Deferral of Rental Mortgage During Lockdown

On 29th April 2020, the President of Zimbabwe issued the Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations, 2020[1] on account that the national lockdown had put many people on forced leave from employment and therefore the people were unable to pay for their rentals and mortgage payment for […]

A brief look into how COVID-19 will affect court operations in Zimbabwe

Practice Direction 1 of 2020 – An intervention to control court processes in light of COVID 19 What happens to pending matters before the Courts? The COVID 19 has resulted in serious disruptions to court matters. Pursuant to the decree of a National Lock Down by the President, the judiciary through the Chief Justice issued […]

COVID-19 Client Support |

10 FAQs about COVID-19 & Employment Law in Zimbabwe

Can an employee unilaterally absent himself/herself from work? An employee cannot unilaterally absent himself/herself from work. The Employee has to get prior approval from the employer or apply for a leave of absence in terms of the relevant code of conduct. In fact, if an employee absents himself/herself for more than 5 days without leave […]

COVID-19 – MawereSibanda precautionary measures

Dear Valued Client, As the global concern around the current COVID-19 outbreak grows, we at MawereSibanda are taking the pandemic very seriously. In light of this, we are doing our best to keep everyone healthy and safe by taking precautionary measures to safe guard the health of both our employees and clients. As such our […]

COVID-19 Client Support |

New Year, New Law: An Analysis of the Consumer Protection Act

The Zimbabwe legislature has gazetted the Consumer Protection Act [Chapter 14:14], No. 5/2019 which seeks to offer more protection to consumers of goods and services in the market place and to eliminate unethical suppliers and improper business practices. This note highlights some of the noteworthy features of the Act. We point out sections of the […]

Corporate Advisory |

Vacancy: Office orderly

Position: Office orderly Position Overview The main purpose of the position is to ensure cleanliness of offices and timely delivery of all office supplies to recipients. The office orderly shall also perform a variety of support office duties that may be required. Responsibilities: Assist with the preparation of work areas and documents / folders for […]

Jobs |

Is the “One-to-One” case a storm in a tea cup?

A note on the practical implications of the Supreme Court Ruling in Zambezi Gas Zimbabwe (Private) Limited v N. R Barber (Private) Limited and Another SC 3/20 Background On 20 January 2020, Chief Justice Malaba delivered judgment in the matter of Zambezi Gas Zimbabwe (Private) Limited v N. R Barber (Private) Limited and Another SC […]

Commercial Litigation & Arbitration |

Vacancy: Legal Clerk – Companies and Estates

Position: Legal Clerk – Companies and Estates Position Overview We are looking for a Legal Clerk to join our Companies and Estates team in February 2020. Responsibilities This role will include but is not limited to: Filing documents and making follow ups at the Companies and Deeds Registries Filing documents and making follow ups at […]

Jobs |

The Meaning and Impact of the Consumer Protection Bill

Consumers often face imbalances in economic terms, educational levels and bargaining power and bearing in mind that consumers should have the right of access to non-hazardous products, as well as the right to promote just, equitable and sustainable economic and social development. The phenomenal growth of consumerism worldwide has led to many jurisdictions improving their […]

Legislative changes |

New Appointments

As part of our continuous commitment to customer care, anti-money laundering and cyber security, MawereSibanda has made the following appointments:   MawereSibanda is a full service commercial law firm headquartered in Harare, Zimbabwe with regional presence in Gaborone, Botswana. For more information on our expertise, visit our page.

Announcements |

Alec Muza Elected Zimbabwe Institute of Patent and Trademarks Agents President

Alec Muza, head of our Intellectual Property practice area, was elected President of the Zimbabwe Institute of Patent and Trademarks Agents at the annual general meeting which took place on 27 February 2019. Alec Muza has 12 years’ experience advising companies on brand protection strategies, trademark and patent filings and prosecutions, copyright, licensing, sale and purchase […]