Cabinet okays repeal of four obsolete laws
CABINET has approved the proposed repeal of four obsolete laws overtaken by events and circumstances, or incorporated in later legislation.
The four Acts to be struck off the statute book are the Fredrick Clayton Trust Act (Chapter 17:02), Service of documents (Telegraph) Act (Chapter 8:13), Settled Estates Leasing Act (Chapter 20:19) and the War Marriages Validation Act (Chapter 5:15).
“Cabinet received and approved the principles of the proposed repeal of the four Acts,” said Minister of Information Publicity and Broadcasting Services Dr Jenfan Muswere after yesterday’s Cabinet meeting.
“The recommendation to repeal the above-mentioned Acts was borne out of the realisation that these laws have become obsolete and should be deleted from the statute books”.
The Fredrick Clayton Trust Act was a colonial era Act to give effect to the intentions and wishes of a will drawn by Fredrick Clayton in 1918. The Act differentiates between European and non-European children in the celebration of the annual “Pioneers Day” or “Commonwealth Day” picnic, events no longer celebrated in Zimbabwe. In addition the Act was discriminatory and so fell foul of the Constitution of Zimbabwe.
The Service of Documents (Telegraph) Act facilitated service of court processes through the use of the telegraph, a service that no longer exists.
The Settled Estates Leasing Act empowered the High Court to make an order regarding the leasing of settled estates but the present Administration of Estates Act now deals with all interests in deceased estates.
The War Marriages Validation Act was aimed at facilitating registration of marriages contracted during the war of liberation that ended in 1980. The Marriages Act now allows a war marriage to be registered as a civil or customary marriage making the special law no longer necessary.
Usually an Act is repealed as part of a new Act when new legislation overtakes its provisions, but occasionally as in these four cases it either just withers away or the new legislation misses out the repeal.