STUDENT NAME: TERRANCE MAWONDE

STUDENT NUMBER: H190230Y

COURSE NAME: Litigation and Dispute Services
DEPARTMENT: FORENSCIC ACCOUNTING AND AUDITING
COURSE CODE: BFA 425
Discuss how any 3 constitutional commissions found under Zimbabwe Constitution can be
used as a platform for dispute resolutions (how to use them to solve disputes, understand how
each commission works and nature of disputes)
There are different commissions that are formed under the constitution of Zimbabwe
Zimbabwe Land Commission Act
Land Commission Act (Chapter 20:29) is an act to provide for Zimbabwe Land Commission
established by section 296 of the constitution to provide for the Acquisition of State land, to
provide for settlement of persons on and alienation of Agricultural land, to provide control of
the subdivision and lease of land for farming and other purposes to provide for limiting
number of pieces of land that may be owned by any person and sizes of such land.
Understand how Zimbabwe Land Commission Work
The Zimbabwe Land Commission consists of a chairperson and a deputy chairperson, and a
minimum of two and a maximum of seven other members appointed by the President.
Members of the Commission must be chosen for their integrity and competency in and
knowledge and understanding of the best practices in land management and administration
and reflect the diversity of Zimbabwe population and in particular its regional interest.
The Zimbabwe Land Commission solve disputes by
-To ensure accountability, fairness and transparency in the administration of agricultural land
that is vested in the State.
-to conduct periodical audits of agricultural land
- to make recommendations to the government regarding the acquisition of private land for
public purposes, equitable access to and holding and occupation of agricultural land
eliminating all forms of unfair discrimination, particularly gender discrimination, the
enforcement of any law restricting the amount of agricultural land that may be held by any
person or household (Zimbabwe Legal Information Institute).
In the case of Mhlanga v Zimbabwe Land Commission & 2 Ors (HMA 54 of 2019). The
court resolved the land dispute of the applicant where the applicant was disputing with the
third respondent over a piece of sugar cane land on which they had been allocated by the
government in terms of the land reform programme. The court refused to grant the applicant
request because the application was ill-conceived, also apart from regurgitating the principles
of review of an administrative decision as set out by the law, there was no factual background
upon which the application was based. Another reason why the applicant was refused is
because the respondents in their opposing affidavits all parties were called to witness the GPS
survey. The applicant was silent about this survey, both in her founding and answering
affidavits. The first respondents stated that the results of GPS survey showed that the
applicant 50 hectares were not interfered with and that the 21 hectares allocated to the third
respondent were not carved out of her portion. There was no basis for remedies sought in the
draft order. The real dispute was resolved by the first respondent that the applicant had
farmed on the disputed portion of the land for thirteen years. The court dismissed the
application of the applicant with costs. (Zimbabwe Legal Information Institute, 2019).
Zimbabwe Electoral Commission (ZEC)
ZEC is an independent chapter 12 institution established in terms of Section 238 of the
Zimbabwe Constitution which is responsible for the management and administration of
Zimbabwe Electoral processes. The ZEC is made up of a chairperson and other eight
members appointed all appointed by the President. In the case of chairperson, the
appointment is made after consultation with the judicial service commission and
Parliamentary Committee on Standing Rules and orders. The other eight members of the
commission are appointed by the President from a list of at least 12 nominees submitted by
the CSRO. The only limitation on whom may be appointed are the chairperson to be a judge
or former judge of the Supreme Court or High Court, or a person qualified to be a judge and
that at least 4 members apart from chairperson must be women.
The functions of ZEC are
1) To prepare for, conduct and supervise elections to the office of President and
Parliament, elections to provincial and metropolitan councils and governing bodies of
local authorities, election of members of the National Council of Chiefs established
by section 285 and to ensure elections and referendums are conducted efficiently,
freely and fairly transparently and in accordance to law.
2) To register voters
3) To supervise elections of the President of Senate and the Speaker and to ensure that
those elections are conducted efficiently and in accordance with the law.
4) To give instructions to people in the employment of State or of local authority for the
purpose of ensuring the efficient, free, fair and proper and transparent conduct of any
election. (Zimbabwe Electoral Commission)
How does ZEC resolve disputes?
According to section 160B of the Electoral Act deals with establishment of multi-party
liaison committees. The main aim of these provisions is to set up structures that will prevent
or resolve conflicts and to ensure observance of the Code of Conduct for the Political Parties
and Candidates. The structures for conflict management are multiparty liaison committees.
The multiparty liaison is given the function of establishing multiparty liaison subcommittees
in each Province. It can delegate any of it functions to these subcommittees but it must
monitor, supervise and direct their activities. The main function of these multiparty liaison
committees is to resolve conflicts, disputes and matters relating to electoral process, including
in particular any disputes arising from non-compliance with the code of Conduct. (Zimbabwe
Electoral Commission).
Tsvangirai v Chairperson of ZEC- Electoral Court for Access to ZEC Electoral Information
The applicant was the losing candidate in the elections of 2013 whereas the fifth respondents
is the winning candidate in that election. The first four respondents are electoral officials and
entity who were responsible for running and administering the elections. The applicant filed
two applications because they were aggrieved by the outcome of the elections which were EC
27\13 and 28\13. The net effect of both applications was to request the court to direct the
respondents to provide the applicant with certain materials and information pertaining the
disputed elections. The court held that there was no merit in both applications because of the
applicant’s gross conduct in soiling the dignity and integrity of the court. The court expressed
its displeasure by awarding a higher cost at a higher scale. The court ordered that both
applications be and hereby dismissed with costs at the legal practitioner and client scale. The
registrar be and hereby directed to serve a copy of the judgement on the Attorney General
(Tsvangirai v Chairperson of ZEC & Four others, 2013).

Zimbabwe Anti-Corruption Commission

The Zimbabwe Anti-Corruption Commission (ZACC) is an independent commission created
to combat corruption and crime. It is established in Chapter 13, part 1 of the Constitution of
Zimbabwe. ZACC was established in 2005 when the President of Zimbabwe swore in the
first commissioners. The establishment of ZACC is conducted in accordance to the
constitution of Zimbabwe and Anti-Corruption Commission Act which outlines the powers,
functions and ZACC. (Zimbabwe Anti-Corruption Commission).
Functions of the ZACC
1) The commission shall have the following functions such as to monitor and examine
practices systems and procurement procedures of public and private institutions
2) To enlist and offer public support in combating corruption in the society.
3) To educate the public on the dangers of corruption in the society
4) To receive and investigate any complains in the form of corruption
5) To investigate any conduct of any person whom the Commission has the reason to
believe is connected with the activities involving corruption.
How does it work?
The president shall appoint the chairperson and a deputy chairperson from members of
the Commission. If the chairperson is vacant or the chairperson is absent from duty, the
Deputy Chairperson shall serve where the President direct otherwise. (Anti-Corruption
Commission Act)
How does ZACC resolve dispute problems?

Zimbabwe Anti-Corruption Commission v The Clerk of Court Harare and 8 others (756
of 2022).
The applicant Zimbabwe Anti-Corruption Commission is a statutory body. It owes its
existence to the Constitution of Zimbabwe. Its aim is to fight and eradicate corruption
from within the lengths and breadths of the country. It deals with such other offences as
theft, misappropriation of funds, abuse of power and improper conduct in both the public
and private sector. It investigates and exposes cases of corruption and all crimes which
are related to corruption. The ZACC arrested the ninenth respondent, a natural person, on
June 30, 2022 on charges of contravening section of 173 of the Criminal Law
(Codification and Reform) Act [Chapter 9:23]. It referred him to the seventh and eighth
respondents for prosecution. These both, of whom owe their existence and authority from
constitution of Zimbabwe. The court held that the application is everything which an
urgent matter should not be. It stands on nothing. It appears to have been filled as way of
having the applicant showing its intention on exposing itself on established bodies. The
 applicant failed to prove its case on a preponderance of the probabilities. The application
is, in the result, struck of the roll with costs.

References

Zimbabwe Anti-Corruption Commission v The Clerk of Court Harare and 8 others (756 of
2022.
Anti-Corruption Commission Act.
Tsvangirai v Chairperson of ZEC & Four others, 2013).
Zimbabwe Legal Information Institute, 2019