Christopher Magwenzi Zvobgo v City of Harare and Dominic Muzawazi

HH 80-2005

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Case Details

Court

Harare High Court

Date

21 September 2005

Citation

HH 80-2005

Neutral Citation

[2005] ZWHH 80

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKARAU J

Full Bench

MAKARAU J

Areas of Law

Administrative lawLocal government law

Keywords

Committee of inquiryCommissionUrban Councils ActEfficacy theoryRevolutionary legality

Key Issues

{"issue_text":"Whether the Kelsian theory of efficacy can validate acts of an illegally re-appointed commission under domestic law","issue_type":"law","dispositive":"yes","related_facts":"Commission exceeded six-month tenure; committee appointed after expiry"}
{"issue_text":"Whether a committee appointed by an illegal commission in pursuance of a resolution passed during the commission's lawful tenure is legitimate","issue_type":"law","dispositive":"no","related_facts":"Resolution passed on 30 June 1999; committee appointed after September 1999"}

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Facts of the Case

Background

The applicant, a City of Harare employee, sought review of disciplinary proceedings conducted by a committee appointed by an illegally re-appointed commission that had exceeded its six-month lawful tenure under the Urban Councils Act.

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