MHORA & ANOR v MINISTER OF HOME AFFAIRS & ANOR 1990 (2) ZLR 236 (H)
Citation | 1990 (2) ZLR 236 (H) |
Case No | Details not supplied |
Court | High Court, Harare |
Judge | Gibson J |
Heard | 12 July 1990 |
Judgment | 29 August 1990 * |
Counsel | C Dube for the applicants |
Case Type | Notice of motion |
Annotations | Link to case annotations |
Flynote
Administrative law — when writ of mandamus lies — personal liability of public servants — circumstances in which arises — whether public servant can be personally compelled to obey court order — manner of enforcing compliance with a statutory duty.
Constitutional law — Constitution of Zimbabwe s 16 — ambit thereof — whether refusal to pay accrued salary, pension and medical benefits is an acquisition of property precluded by s 16.
Legislation — 1980 Constitution of Zimbabwe s 16; s 16 (1); s 16 (3); s 18; s 24; s 93; s 93 (4) — Police Medical and Dental Regulations 1968 s 7 — State Liabilities Act [Chapter 541] s 2; s 4 — correct interpretation of s4.
Practice — pleadings — importance of precision in pleadings when suing public servant in order to ascertain capacity in which suing.
Statutory interpretation — circumstances in which a mandatory duty must be read into prima facie permissive language of a statute.
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