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Administrative Law re: Administrative Directives or Declarations and the Doctrine of Legality

HH81-09 : SAFARI OPERATORS ASSOCIATION OF ZIMBABWE vs ZIMBABWE TOURISM AUTHORITY and MINISTER OF ENVIRONMENT AND TOURISM and COMMISSIONER GENERAL OF POLICE
Ruled By: PATEL J

The applicant herein is an association that comprises licensed tour and safari operators and represents their interests. The first respondent is the Zimbabwe Tourism Authority (the Authority) which is established under the Tourism Act [Chapter 14:20] and is primarily responsible for administering that Act.Towards the end of 2007, the Zimbabwe ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH111-08 : RAILWAY ARTISANS UNION and RAILWAY ASSOCIATION OF YARD OPERATING STAFF and ANOR vs RAILMED and NATIONAL RAILWAYS OF ZIMBABWE and RAILWAYS EMPLOYMENT COUNCIL
Ruled By: GOWORA J

This matter was initially placed before me under a certificate of urgency. As the final and interim relief sought on the provisional order were the same, I wrote an endorsement on the face of the application querying the manner in which the relief had been framed.The letter of explanation was ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

The principle of legality requires that every decision or act of a public official which affects the rights or interests of an individual must be in accordance with an existing law otherwise it violates the rights of the individual concerned....,.The principle of legality..., requires the Court to uphold conduct which ...
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HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

The first respondent's resort to Cabinet authority and directives as justification of his unlawful conduct is equally misplaced and without merit because Cabinet has no legislative authority. It is trite that laws are made in Parliament and not in Cabinet.
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HH11-13 : FLORENCE SIGUDU vs MINISTER OF LANDS AND RURAL RESETTLEMENT N.O. and PHINEAS CHIHOTA
Ruled By: PATEL J

Legality of ConsolidationAccording to the applicant's counsel, which position was not questioned by counsel for the first respondent, every Provincial Lands Committee is ordinarily chaired by the appropriate Provincial Governor. The applicant's unchallenged evidence is that the relevant 2005 meeting of the Provincial Lands Committee in casu was chaired by the second respondent, who at ...
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SC49-13 : STANDARD CHARTERED BANK ZIMBABWE LIMITED vs CHINA SHOUGANG INTERNATIONAL
Ruled By: ZIYAMBI JA, GARWE JA and HLATSWAYO JA

Standard Chartered Bank Zimbabwe (“the appellant”) or (“the Bank”) is a commercial bank registered and operating in Zimbabwe.The respondent is a company duly incorporated in terms of the laws of Zimbabwe and was carrying on business in Redcliff, Zimbabwe. It is a foreign investor whose specific purpose was the refurbishment ...
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SC44-13 : RESERVE BANK OF ZIMBABWE vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MALABA DCJ, ZIYAMBI JA and OMEERJEE AJA

It is clear that the unlawful directive issued by the appellant to the commercial banks is the causa sine qua non of the respondent's loss. See International Shipping Company (Pty) Ltd v Bentley 1990 (1) SA 680 (A)…,. The appellant is therefore liable to make good the loss. Under section 17 of the Banking Act [Chapter ...
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SC26-17 : SECURITIES AND EXCHANGE COMMISSION OF ZIMBABWE vs PHIBION GWATIDZO N.O. and FIRST TRANSFER SECRETARIES (PRIVATE) LIMITED and MAST STOCK BROKERS PL and MASTER OF THE HIGH COURT N.O.
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

Whether or not the appellant's powers in terms of the Securities and Exchange Act can be exercised without leave of the court The appellant strongly avers that in issuing the directive as it did to the first and third respondents it was acting pursuant to the Securities and Exchange Act [Chapter 24:25]. To this end, ...
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HMA13-17 : COMMERCIAL SUGAR CANE FARMERS ASSOCIATION and ZIMBABWE CANE FARMERS ASSOCIATION and OTHERS vs THE MINISTER OF INDUSTRY AND COMMERCE and TRIANGLE LIMITED and HIPPO VALLEY ESTATES (PVT) LTD
Ruled By: MAWADZE J

This matter was first placed before my brother MAFUSIRE J on 2 February 2017. The applicants successfully sought his recusal, and since we are only two judges at the station the matter landed on my desk. I proceeded to set the matter down for hearing on 8 February 2017, but, on that date, ...
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HH228-16 : ANJIN INVESTMENTS (PVT) LTD vs THE MINISTER OF MINES & MINING DEVELOPMENT and THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER-GENERAL OF THE ZIMBABWE REPUBLIC POLICE
Ruled By: MANGOTA J

On 22 February 2016, the first respondent summoned and ordered the applicant and others who were mining diamonds in Marange District to cease their operations as at that date. The first respondent's directive was followed by a letter which his Permanent Secretary addressed to the applicant's Chief Executive Officer. The applicant attached the letter to its ...
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HH193-16 : GRANDWELL HOLDINGS PL vs MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY and MBADA DIAMONDS PL and ANOR
Ruled By: MAFUSIRE J

No one stops Government from governing. No one stops Government functionaries from crafting and implementing Government policy. But in all this, the rule of law must be observed. This is paramount. It is a tenet the courts will defend to the last judge standing. The alternative is anarchy. Law and order are indispensable elements of civilised society. This ...
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HH635-14 : ECONET WIRELESS vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY OF ZIMBABWE (POTRAZ)
Ruled By: DUBE J

This is an application for an interdict. The applicant is a telecommunications services provider. The respondent is the Regulatory Authority established in terms of section 3 of the Postal and Telecommunications Act [Chapter 12:05] (the Act). The salient facts of this court application may be summarised as follows: On 16 October 2014, the respondent issued Regulatory Determination Number 1 ...
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SC14-13 : CONSTANTINE CHIMAKURE and VINCENT KAHIYA and ZIMIND PUBLISHERS (PVT) LTD vs THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

The principle of the rule of law is to the effect that every Governmental action which adversely affects the legal situation of persons in a free and democratic society must be justifiable by reference to an existing law....,. To act without a legal basis is to act arbitrarily and therefore unlawfully. The 'rule of law' is ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application made in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim.The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling school ...
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SSC17-21 : MARRY MUBAIWA CHIWENGA vs THE NATIONAL PROSECUTING AUTHORITY and THE CLERK OF COURT ROTTEN ROW MAGISTRATE'S COURT
Ruled By: UCHENA JA

This is an appeal against the judgment of the High Court dismissing the appellant's application for variation of bail conditions....,.In view of the lockdown due to Covid-19, I did not call the parties to appear before me to make oral submissions. I however invited their counsels to file Heads of ...
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HB04-15 : BULAWAYO CITY COUNCIL vs TRISHUL PROPERTIES
Ruled By: TAKUVA J

This is an application for summary judgment in terms of Order 10 Rule 64 of the High Court Rules 1971.The applicant, a local authority is obliged by the law to provide certain services to residents of the City of Bulawayo which services include the provision of road maintenance, refuse collection, ...
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SSC23-21 : SAMUEL UNDENGE vs THE STATE
Ruled By: UCHENA JA

This is an application for extension of time within which to apply for leave to appeal. After hearing submissions from both parties I reserved judgment.FACTUAL BACKGROUNDThe applicant is the former Minister of Energy and Power Development. He, amongst other things, supervised Zimbabwe Power Company (ZPC). On 14 January 2016, the ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

The applicant prays for an order that Deed of Transfer No.708/19 made in favour of the second respondent should be cancelled and that the prior Deed of Transfer No.8421/2000 in the name of the first respondent, and from which transfer in favour of the second respondent was made should be ...