CITY OF HARARE v ZVOBGO 2009 (1) ZLR 218 (S)

2009 (1) ZLR p218

Flynote

Administrative law – administrative decisions and acts – validity – acts performed by commission running affairs of city – commission effectively running affairs although its term had expired and its reappointment was unlawful – Kelsen's theory of effectiveness inapplicable – such decisions cannot be legitimated in terms thereof

Administrative law – review of administrative actions – distinction between review procedure and appeal procedure

Appeal – stare decisis – binding effect of previous decision of Supreme Court

Jurisprudence – Kelsen's theory of effectiveness – applicability – controversial theory – only applicable in extreme situations – does not apply to domestic law

Local government – urban council – senior employee – dismissal of – dismissal must be approved by Local Government Board – decision to dismiss not a decision of the Board – not necessary to cite Board in proceedings arising out of dismissal

Local government – urban council – senior officials – defects in election or appointment – validation of acts by such officials – such validation not applicable to commission appointed in place of entire council – not applicable where election of entire council in question