Gweta Natasha - Nyathi Mashonganyika

21/10/2025

💔 When Love Fails, Structure Shouldn’t

Every now and then, a headline reminds us that success without structure is fragile.

Recently, I read about a prominent businesswoman whose multi-million-dollar property was being auctioned to settle a divorce debt. It wasn’t a failed business that brought her down — it was a personal fallout that spilled into her professional world.

And as I reflected on her story, I thought — this could have been avoided.

The truth is, many entrepreneurs in Zimbabwe (and across Africa) build incredible enterprises but forget one crucial pillar: legal and structural protection.

They build under their personal names.
They register properties, vehicles, and businesses as individuals.
And while it feels natural when things are going well, it becomes devastating when life happens — divorce, death, debt, or disputes.

Because when your empire is tied to your personal name, everything you’ve worked for becomes fair game.

That’s why I often tell clients: “Don’t just build wealth — structure it.”

A Family Trust is one of the most effective tools to do that.

Think of it as a legal vault — a secure container for your legacy.
You transfer your assets into that vault — your buildings, vehicles, shares — and the trust holds them on behalf of your chosen beneficiaries.

You still control the trust, but you no longer personally own those assets.
And that distinction is powerful.

When you go through personal challenges — divorce, lawsuits, even bankruptcy — those assets are not easily exposed to claims. They are protected because they belong to the trust, not to you.

In essence, a family trust allows you to:

✅ Preserve your wealth across generations
✅ Protect your business from personal legal battles
✅ Ensure continuity when life’s circumstances shift unexpectedly

It’s not just a legal instrument — it’s a legacy strategy.

If the businesswoman in that story had placed her properties under a family trust, the court’s reach would have been limited. Her business could have continued to thrive despite her personal setback.

As entrepreneurs and professionals, we work too hard to leave our legacies vulnerable.
Building structure is not about distrust — it’s about foresight.

Let’s start being intentional about how we hold what we build.
Because success is not just about creating wealth — it’s about protecting it.

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09/10/2025

💍 When “I Promise to Marry You” Becomes a Legal Matter: Understanding Breach of Promise in Zimbabwean Law

During this week social media has been abuzz with stories of cancelled lobola ceremony and broken a broken engagement. But beyond the emotions, disappointment, and public debate lies an important legal question — can a broken promise to marry have legal consequences?

⚖️ The Legal Position is as below ⬇️

Under Zimbabwean common law, a promise to marry is not just a romantic gesture it can create a legally enforceable obligation.

If one party unjustifiably withdraws from the engagement after the other has relied on that promise (financially or otherwise), this can give rise to a civil claim for “breach of promise to marry.”

The courts generally consider:

• Whether there was a clear and serious promise to marry (not just casual talk). (Eg visiting family members, sewing of matching clothes etc)

• Whether the promise was accepted by the other person.

• Whether there was unjustified withdrawal from that agreement.

• The loss or damage suffered that is whether emotional distress, reputational harm, or financial loss (such as wedding costs, lobola payments, or preparations).

💔 Remedies Available

A person who successfully proves breach of promise may be entitled to:

• Patrimonial (financial) damages: to recover actual expenses or financial loss incurred in preparation for the marriage.

• Non-patrimonial damages: for humiliation, loss of dignity, or emotional pain suffered because of the broken engagement.

However, the courts assess these claims carefully not every failed relationship qualifies. The breach must be unjustified and culpable, meaning the person walked away without lawful or moral reason (for example, not due to discovering dishonesty or incompatibility).

💡 Why It Matters Today

While society increasingly views engagements as private, informal commitments, Zimbabwean law still recognizes the moral and social weight of such promises especially where significant steps have been taken toward marriage.

In an age where love, culture, and law constantly intersect, understanding these obligations helps protect not just emotions, but also rights and expectations.

28/07/2025

📣 **Just In: Statutory Instrument 76 of 2025 – Deeds Registries Regulations Update**

The much-anticipated update to Zimbabwe’s Deeds Registry framework is here, with **S.I. 76 of 2025** officially replacing the 2018 regulations. This progressive legal reform brings long-overdue changes to how property ownership is handled in Zimbabwe—ushering in a **modern, digitised, and secure era** for deeds registration.

🔍 **Key Material Changes from the 2018 Regulations:**

1. ✅ **Validation & Digitisation of Deeds**

* All holders of title deeds must submit them for validation within **24 months** (Section 40).
* Validated deeds will be **digitised and re-issued as securitised electronic deeds** (Section 41).
* Post-transition, **only securitised deeds will be legally recognised**.

2. 💻 **Electronic Services Now 24/7**

* Registry services can now be accessed online **at any time** (Section 65).
* Applications may be made **either online or in person** (Section 66).

3. 🗂️ **Handling of Obsolete Records**

* The Registrar is now empowered to **safely destroy obsolete records** once digitised (Section 42).

4. 💰 **Updated Fees**

* Notable adjustments include:

* Lodging box rental: **US\$120/year**
* Certified documents: **US\$20 per document**
* Property searches: **US\$1 per page**

5. 📝 **New Prescribed Forms (DR1–DR9)**

* Forms have been updated to support the **new digitisation and validation processes**.

6. 🖊️ **Stricter Power of Attorney Rules**

* Tighter regulation on general powers of attorney for immovable property (Section 27), including attestation, ID, and disability provisions.

7. 🪪 **Enhanced Identity Verification**

* Includes acceptance of **foreign passports** and introduces clearer provisions for **juristic persons** (Section 55).

8. 🏦 **Mortgage Bond Provisions Expanded**

* New rules around **consents**, **waivers of preference**, and **rectification of title** (Section 47).

9. ⚖️ **Offences & Penalties Introduced**

* Clear penalties for **fraudulent submissions** and emphasis on compliance (Section 43).

10. 📜 **Full Repeal of 2018 Regulations**

* S.I. 236 of 2018 is repealed in full (Section 67).

📌 This overhaul is a bold and welcome step toward resolving long-standing issues around title deed security and registry inefficiencies in Zimbabwe. It reflects a growing shift toward **transparency, digitisation, and legal certainty** in property transactions.

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14/05/2025

🔴🔴🔴🔴🔴🔴

Notice of Demolition :

The following houses have been placed under demolition by City Council. Kindly check for your house’s.

13/05/2025

I’m excited to be part of the Mentorship Series this Wednesday at 8PM EAT / 7PM CAT, where we delve into the true essence of mentorship—unlocking people’s potential to maximise performance and pursue purpose.

I’ll be joining two phenomenal legal minds:
Georgina Giathi – Advocate, DPO & Senior Partner, and
Anne Mercy – Advocate, Corporate Lawyer & Founder of Ann-Empowered,

as we share our experiences, lessons, and practical guidance for the next generation of lawyers.

If you’re a young legal professional or law student passionate about growth, don’t miss this conversation.
Let’s build together.

Register here: https://live.zoho.com/jsym-svy-riu

13/05/2025

♦️Unlocking 🔄 people’s potential to maximise their performance🔅 and attain their destinies🔅 is the true essence of mentorship. I am glad to announce that our Mentorship Series🍁 is back🥁⚖️.

♦️It’s all systems go this *Wednesday evening 8pm* 🕗 EAT and 7pm CAT🕖.

♦️Joining me will be three distinguished Lawyers who care about the next generation of lawyers and are equally passionate about guiding them: *Georgina Giathi*💃- Advocate, DPO, Senior Partner
*Natasha Nyathi* - Mashonganyika 💃- Corporate & Commercial Lawyer and Lecturer in Zimbabwe
and *Anne Mercy* 💃- Advocate, Corporate Lawyer and Founder of Ann-Empowered

Webinar Registration Link on Zoho:
https://live.zoho.com/jsym-svy-riu

25/04/2025

As a commercial and entertainment lawyer, I see first-hand how music shapes our lives and how essential it is to protect the creative minds behind every note, verse, and rhythm.

Music is more than sound; it’s IP in action. It’s an artist’s voice, a producer’s vision, and a songwriter’s soul all deserving of legal protection, recognition, and fair compensation.

This year’s theme is a powerful reminder that behind every beat lies a right and behind every right, a responsibility to safeguard it.

Whether you are;
✅an artist,
✅content creator, or
✅rights holder,

know your rights, value your creativity, and protect your art. That’s how we .

Types of IP associated with music includes;

1. Copyright protects the original composition, lyrics, and sound recordings.

2. Trademarks secure the artist’s or band’s name, logo, and brand identity.

3. Performers’ rights safeguard the live and recorded performances of artists.

4. Licensing agreements regulate how music is used, streamed, or sampled.

5. Moral rights ensure artists are credited and their work isn’t altered unfairly.

Happy World IP Day!!!💡🧐

22/04/2025

Don’t Let Your Legacy Be Lost to Poor Planning

In Zimbabwe, while we may not have a formal Inheritance Tax like the UK's IHT, the principle remains: without proactive estate planning, your hard-earned assets can become the subject of costly legal battles, unintended beneficiaries, or even government claims through taxes, estate duties, or intestate succession complications.

The case of the family losing £340,000 (approximately USD $425,000 or ZWL equivalent in millions) because a trust wasn’t created before death serves as a sobering reminder. The father, despite spending decades building his wealth, lost control of how that legacy was passed on simply because he did not plan ahead.

✅ Why Zimbabweans Should Consider Setting Up Trusts and Estate Plans:

1. Avoid Intestate Succession: Dying without a will in Zimbabwe results in property being distributed according to the Administration of Estates Act [Chapter 6:01], which might not align with your wishes.

2. Protect Minors and Vulnerable Dependents: A trust ensures that assets are properly managed for children or dependents with special needs, especially when you're no longer there.

3. Shield Family from Long Court Processes: Estates can take months or years to wind up. A trust simplifies administration and reduces delays.

4. Preserve Business Continuity: If you run a family business, succession planning ensures it continues without legal wrangles.

5. Asset Protection: Trusts protect family property from creditors, divorces, or disputes among heirs.

6. Minimise Estate Duty: Although estate duty in Zimbabwe is not as aggressive as some foreign tax systems, large estates are still liable to duty, and trusts can legally help in minimising these obligations.

📌 Final Thought:

Many Zimbabwean families are asset-rich but cash-poor. The emotional trauma of losing a loved one should not be compounded by the legal and financial trauma of losing their legacy. Whether it’s farmland, a business, or a property, your legacy deserves a plan.

27/03/2025

Come through for FREE 🆓 Legal Consultation!!!

👏🏼⚖️

Empowering Women Through Legal Support

At *Chizengeya Maeresera & Partners, we believe that access to justice is a right, not a privilege. This **Women’s Month, we are proud to offer **free legal consultations* to women, ensuring they have the guidance they need to navigate legal challenges with confidence.

📅 *Date:* Friday, 28 March 2025
⏰ *Time:* 9 AM - 1 PM
📍 *Location:* Michael House, 11th Floor, Between 1st & 2nd Street, Harare

Whether it's commercial, corporate, family, or any other legal matter, our experienced team is here to provide expert advice. Let’s work together to uplift, support, and empower women in our community.

📞 *Contact us*: +263 242 747319
📧 *Email*: [email protected]
🔗 *More info*: [https://cmclegal.co.zw](https://cmclegal.co.zw)

Spread the word and let’s make a difference together!

18/01/2025

10/01/2025

08/01/2025

LETS TALK: MATRIMONIAL HOME

The law regarding the matrimonial home in Zimbabwe is primarily governed by provisions under the Married Persons Property Act [Chapter 5:12], the Deceased Estates Succession Act [Chapter 6:02], These laws regulate property rights, inheritance, and ownership disputes between spouses, particularly concerning the matrimonial home.

1. Definition of a Matrimonial Home

The matrimonial home is the primary residence where the married couple and their family reside during the subsistence of the marriage. It holds special significance and is often treated differently from other assets.

2. Ownership of the Matrimonial Home

The matrimonial home may be registered in the name of one or both spouses. If the property is registered in one spouse's name, the non-titled spouse may still have rights to the property, particularly if they contributed directly or indirectly to its acquisition or maintenance.

Under customary law marriages, property distribution depends on whether the marriage was conducted under community or separate property systems.

3. Inheritance and the Deceased Estates Succession Act [Chapter 6:02]

In cases of intestate succession, the surviving spouse has a legal right to inherit the matrimonial home. Section 3A of the Act grants the surviving spouse ownership or continued occupation rights, particularly if they lived in the house before the deceased's death.

The Act prioritizes the surviving spouse and minor children when distributing the deceased's estate.

4. Division of Property Upon Divorce

Property division, including the matrimonial home, is subject to the discretion of the courts under the Matrimonial Causes Act [Chapter 5:13].

The court considers various factors, including:

o Contributions (financial and non-financial) by both parties.
o The needs of any children.
o The duration of the marriage.
o The conduct of the parties where it is justifiable to do so.

Key Points to note:

- Spouses are encouraged to register their property and clearly document contributions to avoid disputes. Make sure that both parties are on the title deed, agreement of sale or cession agreement.

- Prenuptial or postnuptial agreements can clarify property ownership arrangements and prevent future legal complications.

- Courts have wide discretion to ensure fairness in resolving disputes, particularly in safeguarding the welfare of children and the non-titled spouse.