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MOYO v MKOBA & ORS 2013 (2) ZLR 137 (S)

2013 (2) ZLR p137

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
H Moyo, for the first respondent

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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