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Harare High Court
Christopher Magwenzi Zvobgo v City of Harare and Dominic Muzawazi
HH 80-2005
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
Tags
Administrative reviewCommittee of inquiryUltra viresKelsian theory
legislation
Statutes Cited
- Urban Councils Act
ai analysis
Case Summary
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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background
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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