CITY OF HARARE v PARSONS 1985 (2) ZLR 293 (S)

Flynote

Administrative law — statutory appeal against decision of administrative agency — powers of appellate tribunal — "Wednesbury principle" — d applicability to statutory appeals.

Appeals — statutory appeals from administrative agencies — nature of proceedings — powers of appellate tribunal.

Legislation — Nursing Homes Registration Act [Chapter 325] — s 7.

Headnote

An e appeal from the order of a local supervisory authority to a magistrate in terms of s 7 of the Nursing Homes Registration Act is not a review but an appeal in the nature of a complete re-hearing. The "Wednesbury principle" is applicable only to reviews of administrative action and not to appeals against administrative orders. A tribunal exercising a statutory jurisdiction of appeal amounting to a complete re-hearing is bound e to approach the matter afresh with a complete and unfettered discretion giving due weight to the evidence laid before it.