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Constitutional Court

Tour Operators Business Association of Zimbabwe v (1) Motor Insurance Pool (2) Zimbabwe Revenue Authority (3) Insurance and Pensions Commission (4) Attorney-General of Zimbabwe

CCZ 5/15

Case Details

Court
Constitutional Court
Date
25 June 2015
Citation
CCZ 5/15
Neutral Citation
[2015] ZWCCZ 5
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
PATEL JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCC
Areas of Law
Constitutional LawInsurance LawAdministrative Law
Keywords
Locus standiInsurance agentInsurance brokerFreedom of tradeNon-joinderAgency agreement
Tags
InsuranceConstitutional RightsAdministrative LawMonopoly
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Insurance Act
  • Insurance Act
  • Insurance Act
  • Insurance Act
  • Insurance Act
  • Road Traffic Act
  • Competition Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Minister of Transport should have been joined in these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"ZIMRA's point in limine regarding non-joinder"}
  • {"issue_text":"Whether TOBAZ and/or its members have the requisite locus standi to bring the application","issue_type":"procedural","dispositive":"yes","related_facts":"TOBAZ's objectives under its Constitution and its members' insurance activities"}
  • {"issue_text":"Whether TOBAZ and its members are entitled to the relief sought","issue_type":"law","dispositive":"yes","related_facts":"The nature of relief sought and TOBAZ's legal standing"}
  • {"issue_text":"Whether the agency agreement violates constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"The monopolistic arrangement and its impact on rights"}
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background
Facts of the Case

Background

The applicant, an association of tour operators, challenged an agency agreement between the Motor Insurance Pool (MIP) and the Zimbabwe Revenue Authority (ZIMRA) which gave ZIMRA exclusive authority to issue temporary motor vehicle insurance for foreign vehicles. The applicant claimed this arrangement violated constitutional rights and created an illegal monopoly.
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