….Tafadzwa Masembura , ZICCO Secretary General
By Desire Tshuma
Harare – The Supreme Court of Zimbabwe, sitting in Harare, delivered a groundbreaking judgment on 19 February 2026 in case number SC733/25. The case pitted the Zimbabwe Council of Copyright Owners (appellant) against the Zimbabwe Music Rights Association and Simbisa Brands Limited (respondents).
The appeal challenged a High Court decision by Honourable Mr Justice Mafusire on 7 November 2025. The Supreme Court, led by Honourable Mr Justice Bhunu, Honourable Mr Justice Chitakunye and Honourable Mr Justice Musakwa, ruled that the appeal against part of the High Court judgment succeeds.
In its detailed order, the Supreme Court set aside the judgment of the court _a quo_ in respect of paragraphs 1 and 3. This means the original High Court ruling on those specific points is no longer valid. The matter has been remitted back to the High Court for a fresh determination of an application for a declaratory order (HCH794/24).
The Supreme Court also struck the cross-appeal off the roll and ordered each party to bear its own costs. This decision implies that neither side will be liable for the other’s legal expenses.
The ruling has significant implications for copyright law in Zimbabwe, affecting how music rights are managed and protected. Experts believe the judgment will reshape the music industry’s legal landscape, influencing future copyright disputes and negotiations between creators, associations, and brands.
The Zimbabwe Council of Copyright Owners welcomed the decision, seeing it as a step towards clearer copyright protections. Meanwhile, the Zimbabwe Music Rights Association and Simbisa Brands Limited are reviewing the implications for their operations.