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RUKUNI v MIN OF FINANCE & ANOR 2012 (2) ZLR 205 (H)

2012 (2) ZLR p205

Citation

2012 (2) ZLR 205 (H)

Case No

Judgment No. HH-340-12

Court

High Court, Harare

Judge

Patel J

Heard

31 July 2012; CAV

Judgment

13 September 2012

Counsel

T Mpofu, for the applicant
R H Goba, for the first respondent
D Ochieng, for the second respondent

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Administrative law – administrative decisions and acts – decision adverse to applicant – relief under Administrative Justice Act [Chapter 10:28] – unreasonable decision – degree of unreasonableness required to set aside decision – unreasonableness must show mala fides or ulterior motive

Stock exchange – Securities Commission – appointment and removal of commissioners by Minister of Finance – grounds for removal of commissioner – occupation inconsistent with office of commissioner – commissioner a director in company listed on stock exchange – Minister entitled to remove commissioner even if had been aware at time of appointment of commissioner's directorship – need for Minister to act fairly and on reasonable grounds

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