MARUFU v MINISTER OF TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURAL DEVELOPMENT 2009 (2) ZLR 458 (H)

2009 (2) ZLR p458

Flynote

Administrative law – administrative decision – administrative authority's duty to act lawfully, reasonably and fairly – Minister making declaration that would operate unequally as between different groups of residents of same city – declaration unlawful – Minister establishing toll gates on trunk roads close to a city – local residents affected thereby – need for Minister to avoid partial and unequal treatment between various classes of city residents – Minister ordered to relocate the toll gate

Interpretation of statutes – schedule to an enactment – extent to which can be used to clarify or complement main body of enactment –extent to which such schedules can be considered structural parts of an enactment

Statutes – delegated legislation – validity – when can be declared to be ultra vires – delegated legislation grossly unreasonable – regulations should only be made where reasonably necessary to further the objects of the enabling Act – inherent jurisdiction of courts to declare subsidiary legislation ultra vires if it cannot be construed so as to accord with the enabling Act

Statutes – Toll Roads Act [Chapter 13:13] – declaration of toll road – road between places other than cities as defined by Urban Councils Act [Chapter 29:15] – such road may be declared to be a toll road – need for Minister to consult with city council before removing a road from its jurisdiction — where such consultation is not required