Post Cabinet Brief: PRINCIPLES OF THE PROPOSED REPEAL OF THE FREDRICK CLAYTON TRUST ACT [CHAPTER 17:02], SERVICE OF DOCUMENTS (TELEGRAPH) ACT [CHAPTER 8:13], SETTLED ESTATES LEASING ACT [CHAPTER 20:19] AND WAR MARRIAGES VALIDATION ACT [CHAPTER 5:15]
Cabinet received and approved the Principles of the proposed repeal of the Fredrick Clayton Trust Act [Chapter17:02], Service of Documents (Telegraph) Act [Chapter 8:13], Settled Estates Leasing Act [Chapter 20:19] and War Marriages Validation Act [Chapter 5:15], as presented by the Minister of Justice, Legal and Parliamentary Affairs, Honourable Ziyambi Ziyambi.
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The nation is being informed that the recommendation to repeal the above-mentioned Acts was borne out of the realization that these laws have become obsolete and should be deleted from the statute books.
The Fredrick Clayton Trust Act [Chapter 17:02] is a colonial era Act which was enacted to give effect to the intentions and wishes of a will drawn by one Fredrick Clayton in 1918.
Fredrick Clayton was part of the Pioneer Column. The Act differentiates between European and non-European children in the celebration of the annual “Pioneers Day” or “Commonwealth Day” picnic, which events are no longer celebrated in Zimbabwe.
This Act is discriminatory and falls foul of Section 56 of the Constitution of Zimbabwe.
The Service of Documents (Telegraph) Act [Chapter 8:13] was enacted to facilitate service of court processes through the use of Telegraphs.
The use of Telegraphs has since become obsolete and has long been discontinued.
The Settled Estates Leasing Act [Chapter 20:19] empowered the High Court to make an order regarding the leasing of settled estates.
The Administration of Estates Act [Chapter 06:01] already deals with interests in deceased estates.
The War Marriages Validation Act [Chapter 5:15] was aimed at facilitating registration of marriages contracted during the war of liberation that ended in 1980.
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A war marriage can still be registered in terms of the Marriages Act [Chapter 5:17] as a civil or customary marriage.
