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The right to legal representation in arbitration proceedings in Zimbabwe

In adopting the Model Law in Zimbabwe, the legislature modified Article 24 of the Model Law to specifically address the issue of legal representation in arbitration proceedings in Zimbabwe. see P Kanokanga & OE Monyei, ‘Restricted rights of party representation and assistance in arbitration proceedings in the Federation of the Republic of Nigeria: Lessons from Zimbabwe’ (2023) 18 (1) Journal of Arbitration 62 - 71.

In terms of Article 24(4) of the Model Law as it applies to Zimbabwe, at any hearing or meeting of the arbitral tribunal, or in any proceedings conducted on the basis of documents or other materials, parties are permitted to appear in person or to be represented by other persons of their choice. Father and son, Davison Kanokanga and Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022) at 263 – 264 discuss in-depth the issue of the right to legal representation in arbitral proceedings in Zimbabwe.

The Supreme Court in ZAOGA v Mashonganyika 2018 (2) ZLR 74 (S) held that in terms of Article 24(4) of the Model Law as it applies to Zimbabwe a person could be represented in labour arbitration proceedings in Zimbabwe by a person of their choice as the provision does not come with any qualification except that such person should be the relevant party’s choice.