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All Cases/Harare High Court/2008

Harare High Court

The Association of Trust Schools and Arundel School Trust and Jameson Timbe v The Chair, National & Pricing Commission and Godwills Masimirembwa

HH 82/08

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Case Details

Court

Harare High Court

Date

11 September 2008

Citation

HH 82/08

Neutral Citation

[2008] ZWHH 82

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chatukuta J

Full Bench

Chatukuta J

Areas of Law

Administrative LawConstitutional Law

Keywords

school feesNational Incomes and Pricing Commissionarrest threatsurgent applicationinterdictright to education

Key Issues

{"issue_text":"Whether the application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Publication on 30 August, schools opening 2 September, arrest threats"}
{"issue_text":"Whether applicants established prima facie right to protection against arrest","issue_type":"law","dispositive":"yes","related_facts":"Threats based on potentially unlawful schedule"}
{"issue_text":"Whether court could set aside administrative act in urgent application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants sought setting aside of fee schedule"}
{"issue_text":"Whether execution pending appeal was competent in interlocutory matter","issue_type":"procedural","dispositive":"no","related_facts":"Applicants sought order that appeal would not suspend relief"}

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background

Facts of the Case

Background

The National Incomes and Pricing Commission published a schedule of school fees on 30 August 2008 and threatened prosecution of school heads and cashiers who flouted these fees. Schools filed an urgent application seeking protection from arrest and setting aside of the fee schedule, arguing the Commission failed to follow proper procedures.

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