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CHAIRMAN, PUBLIC SERVICE COMMISSION & ORS v ZIMBABWE TEACHERS' ASSOCIATION & ORS 1996 (1) ZLR 637 (S)

1996 (1) ZLR p637

Citation

1996 (1) ZLR 637 (S)

Case No

Judgment No. S-70-96

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA, Korsah JA, Ebrahim JA & Muchechetere JA

Heard

13 & 14 March 1996

Judgment

20 June 1996

Counsel

B Patel, with him S Mavangira, for the appellants
S Moyo, with him G V Mamvura, for the respondents

Case Type

Constitutional appeal

Annotations

Link to case annotations

Flynote

Administrative law — tribunals and officials — Public Service Commission — whether courts may review exercise of powers of Commission on the basis of gross unreasonableness

Constitutional law — Constitution of Zimbabwe 1980 — Public Service Commission — powers of Commission — whether Commission had acted intra vires its powers in terms of the Constitutution in cancelling the bonus payable to public servants — whether cancellation of bonus amounted to retrospective legislation — nature of relationship between public servants and their employer — whether Commission had entered into contract to pay bonus and whether had breached contract — s 16(1) — protection against compulsory acquisition of property — cancellation of bonus payable to public servants — not an acquisition of anything by the State

Public service — Public Service Commission — legislative powers of — nature of such powers — whether Commission empowered to reduce or cancel bonus payable to public servants — public servant — contract of employment — nature of contract between public servant and employer

Real rights — vested and contingent rights — distinction between

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