ZVOBGO v CITY OF HARARE & ANOR 2005 (2) ZLR 164 (H)

2005 (2) ZLR p164

Flynote

Administrative law — administrative decisions and acts — validity of — acts performed by commission running affairs of city — commission effectively running affairs although its term had expired and its re-appointment was unlawful — whether such decisions can be legitimated on basis of Kelsen's theory of efficacy

Jurisprudence — Kelsenian theory of efficacy — applicability — theory cannot be invoked to validate illegal acts done under domestic law — relates to vacuums created at a national level where one regime has been ousted from power by another and not provided for in the grundnorm

Jurisprudence — Kelsenian theory of efficacy — not a rule of law — theory serves to validate the court itself — serves as a justification for a court involving itself in fundamental questions arising from a revolution