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MARAWA v MINISTER OF TRANSPORT & ORS 2000 (2) ZLR 225 (S)

2000 (2) ZLR p225

Citation

2000 (2) ZLR 225 (S)

Case No

Judgment No. S-75-00

Court

Supreme Court, Harare

Judge

Ebrahim JA, Muchechetere JA and Sandura JA

Heard

26 June 2000

Judgment

15 September 2000

Counsel

A P de Bourbon SC, for the appellant
No appearance for the Minister
L T Biti, for the second and third respondents
E T Matinenga, for the fourth respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Administrative law — review — decision of statutory authority — appointment by authority of manager — requirement for manager to have specific qualifications — authority choosing person lacking such qualifications in preference to person who had them — irrationality of such decision

Aviation — Civil Aviation Authority — Board of Authority — composition — requirements — need for Minister to appoint persons with knowledge of civil aviation — mandatory requirement for appointment of person with knowledge of law — Board appointed without such persons a nullity — suitability of persons for appointment to board — suitability must relate to functions Authority is to carry out — transfer of personnel from former Department of Civil Aviation to Authority — no automatic transfer and no requirement that persons transferred be appointed to equivalent position in Authority

Constitutional law — statutory authorities — appointment of members of board by relevant Minister — limits on Minister's discretion as to who may be appointed

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