Zimbabwe

In Zimbabwe the legislation enacted to give effect to enforcement of foreign court judgments is the Civil Matters (Mutual Assistance) Act (Chapter 8:02) and the regulations made thereunder. Foreign judgments may also be enforced in terms of Roman-Dutch common law.

What are the main international treaties or conventions that apply?

None.

What legal principles apply if there is no applicable international treaty or convention?

Roman-Dutch common law as codified in section 192 of the Constitution of Zimbabwe.

The requirements are as follows:

• the foreign court that pronounced the judgment had jurisdiction to entertain the case according to the principles recognised by local law governing the jurisdiction of foreign courts;
• the judgment is final and conclusive in its effect and has not become superannuated;
• the recognition and enforcement of the judgment by the courts of Zimbabwe would not be contrary to public policy;
• the judgment was not obtained by fraudulent means; and
• the judgment does not involve the enforcement of a penal or revenue law of the foreign state.

There are no specific requirements relating to the method of service of the proceedings and there are no direct time limits on commencement of proceedings. However, in terms of the Prescription Act (Chapter 8:11), a claim for registration ought to be brought within three years from the date of the award, otherwise the claim will prescribe/lapse.

In Zimbabwe the legislation enacted to give effect to domestic and international arbitration agreements is the Arbitration Act (Chapter 7:15). This statute and the regulations made thereunder also governs the enforcement of foreign arbitration awards or mediated settlements issued under a different legal system.

Zimbabwe applies the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985. It has also ratified and domesticated the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted in New York on 10 June 1958.

An arbitral award, irrespective of the country in which it was made, shall be recognised as binding and, upon application in writing to the High Court, shall be enforced subject to the provisions of the Arbitration Act.

Defences to recognition/enforcement are as follows:

• A party to the arbitration agreement referred to in Article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made.
• The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case.
• The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration.
• The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place.
• The award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made.
• The subject matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe.
• The recognition or enforcement of the award would be contrary to the public policy of Zimbabwe․

• There is a stamp fee applicable on filing the application and another stamp fee for setting down the application for hearing.
• The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement or a duly certified copy thereof. If the award or agreement is not made in the English language, the party shall supply a duly certified translation into the English language.
• The registration process takes up to two months.
• An application for registration of a foreign arbitral award or a judgment is made in the High Court.

A party against whom a decision on recognition/enforcement is made has a right to appeal to the Supreme Court within 15 business days. An appeal suspends the decision on recognition/enforcement and prevents enforcement until the appeal is determined.

Information about the judgment debtor’s assets can be obtained from the property registry. The rights of the plaintiff are not provided for in legislation hence the issue of sanctions for non-compliance does not arise.

The arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute․ This includes an order for preservation of assets within the tribunal’s jurisdiction.

In addition, High Court executory assistance can also be sought in enforcement of interim measures. There is no provision for enforcement of interim measures beyond the jurisdiction of Zimbabwe. A party requiring such enforcement has to comply with the laws of the foreign territory pertaining to such enforcement.

Bank accounts

Bank accounts can be garnished, and proceeds will be deposited and held by the Sheriff of the High Court pending distribution to the judgment creditor.

Shares

Shares/securities can be attached and sold in execution by the Sheriff of the High Court.

Debts due to the judgment debtor from third parties

The debts can be garnished and proceeds will be deposited and held by the Sheriff of the High Court pending distribution to the judgment creditor.

Real estate

Immovable property can be attached and sold in execution. The Sheriff of the High Court conducts the sale.

Movable property

Movables can be attached and sold in execution. The Sheriff of the High Court conducts the sale.

Such enforcement is not permissible.

Such enforcement is permitted. However, only the judgment debtor’s shares can be attached and sold.