Wilson Siampolomba v Minister for Local Government, Public Works and National Housing and Attorney-General of Zimbabwe N.O

HH 147-21

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Case Details

Court

Harare High Court

Date

1 April 2021

Citation

HH 147-21

Neutral Citation

[2021] ZWHH 147

Outcome

unknown

Case Type

Application

Bench

Presiding

Chirawu-Mugomba J

Full Bench

Chirawu-Mugomba J

Areas of Law

Constitutional LawAdministrative LawLocal Government Law

Keywords

SuspensionTribunal45-day periodOperation of lawNatural justice

Key Issues

{"issue_text":"Whether the first suspension lapsed by operation of law after the 45-day period expired","issue_type":"law","dispositive":"yes","related_facts":"First suspension dated 9 December 2019, no referral to tribunal by 23 January 2020"}
{"issue_text":"Whether the Minister can suspend a councillor a second time on the same allegations after the first suspension lapsed","issue_type":"law","dispositive":"yes","related_facts":"Second suspension issued on 17 March 2020 on same allegations as first suspension"}
{"issue_text":"Whether the application is properly before the court as a declaratur or should be a review","issue_type":"procedural","dispositive":"no","related_facts":"Nature of relief sought"}

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background

Facts of the Case

Background

The applicant, a rural district council chairperson, was first suspended on 9 December 2019. The 45-day statutory period for completing disciplinary proceedings expired on 23 January 2020 without the matter being referred to a tribunal. The suspension was lifted on 31 January 2020 (though served on 18 March 2020). The applicant was suspended again on 17 March 2020 on the same allegations.

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