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Requirements for a Power of Attorney in Zimbabwe

A Power of Attorney is an important legally binding document in terms of which a person nominates, constitutes and appoints, a name party to be his or her lawful attorney and agent, in name, place and stead to conclude certain juristic acts in his or her name. see P Kanokanga, ‘The China-Africa Joint Arbitration Centre (CAJAC)’ (2022) Pretoria Students Law Review 16(1):144 at 159.

The Harare High Court in Mapati v Mandara & Others 2019 (2) ZLR 195 (H) outlined the requirements for a valid Power of Attorney in Zimbabwe. The court held that in order to be valid, a Power of Attorney in Zimbabwe should:

• Confirm that a person has been authorised by the grantor to perform certain acts on his or her behalf;

• It must set out the purpose; nature and extent of the powers being given such that the agent does not go on a frolic of his or her own into doing acts not authorised;

• It must be signed at the foot of the page by the person making it together with his or her signature or mark.