You and the Law made simple

What is Law?
The Law is the system of rules and regulations that govern a country. No matter how primitive or sophisticated every society runs by certain agreed or dictated set of rules in order to function. Without laws there would be no society to speak of at all. Basic rules of living determine how we conduct our dealings and interactions with each other. In principle the law binds everyone such that no one should be above the law. In reality it may be quite different though. Laws differ from between societies due to the differences in norms, culture, values and traditions. Unwritten universal principles also apply.

Who makes laws?
It is parliament. Contrary to popular belief it is not the courts or judges who make laws. Believe it or not when esteemed MP’s the world over are not brawling or hurling insults and chairs at each other or in our case clapping and singing and chucking each other out they do find the time somewhere in those hectic schedules to craft national laws.

The Courts
The judiciary which includes local community courts, Magistrates Courts, Labour Court, Administrative Court, High Court, Supreme Court and Constitutional Court do not make laws. Judges , magistrates and other presiding officers only interpret laws that will have been passed by parliament

The police
Their job is to enforce the law.

And Lawyers?
Lawyers are qualified professionals who practice the law. They should have at least an undergraduate degree codified as LLB or LLBS (Legum Baccalareus) Lawyers can also be called barristers, solicitors, advocates, legal practitioners, attorneys or legal counsels. It very much depends on their specialty and terminology in use in a particular area. Lawyers also have other roles amongst them but not limited to:
a) Notary publics- dealing with the authentication, certification and execution of official documents.
b) Conveyancers dealing with the transfer of immovable properties such as houses and land. They prepare and facilitate the registration of title deeds including mortgage and surety bonds
c) Executors of deceased estates- administering the affairs of deceased people
d) Commissioners of Oaths
e) Registration agents of patents, trademarks, copyrights. They facilitate the processes of registrations of intellectual property which is to do with creative products of ideas and the mind such as songs, designs, books, inventions etc
f)Prosecutors these are government lawyers who represent the state in criminal matters.
f) Officers of court. All lawyers practising in Zimbabwe are automatically officers of court. This means they work for and represent the courts at all times. On registration they take an oath in open court promising to uphold the laws of the country and to serve the courts and abide by their rules. This is the reason they are supposed to act honourably and truthfully at all times in their dealings with their clients and the world at large lest they bring the entire judiciary system into disrepute.

There are also lawyers in commerce, government and the private sector who work as legal officers, compliance officers and company secretaries amongst other positions.

The legal profession is governed by the Legal Practitioners Act Chapter 27:07