MOYO v MKOBA & ORS 2013 (2) ZLR 137 (S)
Citation | 2013 (2) ZLR 137 (S) |
Case No | Judgment No. S-35-13 |
Court | Supreme Court, Bulawayo |
Judge | Malaba DCJ, Gowora JA and Cheda AJA |
Heard | 30 July 2012; CAV |
Judgment | 7 August 2013 |
Counsel | T Mpofu, for the appellant |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – s 31K – executive functions of President – President acting on own deliberate judgment – exclusion of power of court to investigate – appointment of chief by President – incorrect information as to customary succession given to President – procedural impropriety resulting in an irrational decision – power of court to review such decision
Customary law – chief – appointment of by President – customary principles of succession – President required to give "due consideration" to such principles – need for recommendation to President to be based on such principles – recommendation not based on those principles – President not able to give due consideration to those principles – appointment made without due consideration to customary principles of succession void
Words and phrases – "due consideration" – Traditional Leaders Act [Chapter 29:17] – s 3 (2) – must relate to something which has been established as a fact
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