ZIMBABWE Law and Practice Contributed by: Prince Kanokanga and Davison Kanokanga, Kanokanga & Partners
witnesses and legal practitioners appearing before a court of law. Under Article 24 of the Model Law as it applies to Zimbabwe, a party to the proceedings may appear or act in person or be represented by another person of their choice. See ZAOGA v Mashonganyika 2018 (2) ZLR 74 (S). Article 25 of the Model Law, as it applies to Zimbabwe, deals with the concept of want of prosecution in arbi - tral proceedings in respect of which an arbitral tribunal has discretion to dismiss the claim or give directions, with or without the conditions for rapid determination of the claim. See Stonewell Searches ( Pvt ) Ltd v Stone Holdings ( Pvt ) Ltd & Others 2020 (1) ZLR 250 (H) and Stonewell Searches ( Pvt ) Ltd v Stone Holdings ( Pvt ) Ltd & Others 2021 (1) ZLR 437 (S). Article 27 of the Model Law, as it applies to Zimbabwe, is a modified provision dealing with court assistance in taking evidence. See “The High Court’s Jurisdiction in Taking Evidence in Arbitral Proceedings” (2022), by Prince Kanokanga, in Midlands State University Law Review Special Issue , pp 56–77. Under Article 31 (5) of the Model Law, as it applies to Zimbabwe, an arbitral tribunal is empowered to fix and allocate the legal and other expenses of the parties, the fees and expenses of the arbitral tribunal and other expenses related to the arbitral proceedings. See San He Mining Zimbabwe ( Pvt ) Ltd v ZIMASCO ( Pvt ) Ltd & Another HH 28-24. Unless otherwise agreed by the parties, an arbitral tribunal under Article 31 (6) of the Model Law, as it applies to Zimbabwe, has discretion to award interest at such rate, and on such sum and for such period, as may be specified in the award. See Henks Construc- tion ( Pvt ) Ltd v Zimbabwe Defence ( Pvt ) Ltd 1998 (1) ZLR 49 (SC). Article 31 (7) of the Model Law, as it applies to Zim - babwe, specifies the various types of arbitral awards that an arbitral tribunal can grant with the consent of the parties, including an interim award, interlocutory award and partial award. See Zimbabwe Electricity
Transmission and Distribution Company ( Pvt ) Ltd v Masawi & Another 2020 (1) ZLR 1296 (H). Lastly, Articles 34 (5) and 36 (3) of the Model Law in Zimbabwe are avoidance of doubt provisions, in respect of which an arbitral award may be found to be in conflict with the public policy of Zimbabwe. See UNCITRAL Model Law on International Commercial Arbitration : A Commentary on the Zimbabwean Arbi- tration Act [Chapter 7:15], by Davison Kanokanga and Prince Kanokanga (Juta & Co, Cape Town), pp 405–411. 2.2 Changes to National Law There have been no changes to the national arbitra - tion law in Zimbabwe, nor is there any pending leg - islation that may change the arbitration landscape in Zimbabwe. The last amendments or modifications were effected by the General Law Amendment (No 2) Act, 2002. Under Zimbabwean law, an arbitration agreement must be made in writing to be enforceable. This requirement is satisfied under the laws of Zimbabwe where the parties sign the agreement or there is an exchange of letters, telex, telegrams or other means of communication that provides a record of the agree - ment between the parties. See Tel - One ( Pvt ) Ltd v Capital Insurance Brokers ( Pvt ) Ltd 2016 (1) ZLR 18 (H). Under Zimbabwean law, the courts will enforce an arbitration agreement if the parties clearly and une - quivocally agree to arbitration. See Chimedza v City of Harare & Others 2020 (1) ZLR 282 (H) and Jimbata ( Pvt ) Ltd v Zimbabwe Mining Development & Another SC 2-23. 3.2 Arbitrability Section 4 (2) of the Arbitration Act [Chapter 7:15] specifies the matters that cannot be referred to arbi - tration as follows. • Agreements contrary to public policy. 3. The Arbitration Agreement 3.1 Enforceability
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