S v DELTA CONSOLIDATED (PVT) LTD & ORS 1991 (2) ZLR 234 (S)

1991 (2) ZLR p234

Flynote

Statutes — subsidiary legislation — doctrine of ultra vires — inherent jurisdiction to declare subsidiary legislation null and void where it does not accord with the intention of legislature — onus of proof — regulations ultra vires because of unreasonableness — onus on the party which makes such allegation — intention of legislature — presumption that legislature intends that subsidiary legislation will only be imposed where reasonably necessary to further the objects of an act.

Control of Goods Act [Chapter 280] — s 3(1) as read with s 19 — Control of Goods (Price Control) Regulations, 1989 (SI 153B of 1989) — Fourth Schedule — regulations not ultra vires — promulgation of subsidiary legislation — no specific duty to consult with those likely to be affected thereby before promulgation — legitimate expectation of traders that they would be consulted.

Criminal procedure (sentence) — price control regulations — failure of Government to explain and consult with traders concerning price control regulations — mitigatory feature in considering sentence — caution and discharge appropriate.