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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Towards group litigation in Zimbabwe
Author:Tshuma, L.ISNI
Periodical:The Zimbabwe Law Review
Notes:biblio. refs.
Geographic terms:Zimbabwe
Southern Africa
Subjects:group rights
civil procedure
Civil law
Abstract:This article looks at the problems that are likely to be encountered in Zimbabwe by a group that seeks to vindicate the rights of its members, or those whose interests it represents through litigation. These problems arise mainly from the essentially individualistic nature of Zimbabwean civil procedural law. This article discusses the nature of Zimbabwean civil procedural law; provisions in civil procedural law which permit representation of group interests and their shortcomings; and the way in which representation of group interests may be used to facilitate the extension of democratic rights to those who, as individuals, have no access to courts and have no other ways of realizing and enforcing their rights. The article shows that the law as it currently stands in Zimbabwe has very little room for groups that seek to protect or vindicate their rights through the legal system. What is needed are legal reforms which have as their target the various disadvantaged sections of society, and which seek to promote socioeconomic and political transformation. As an example, the legal reforms developed by the Supreme Court of India are briefly discussed. Bibliogr., notes.