CITY OF HARARE V ZVOBGO 2009 (1) ZLR 218 (S)

Flynote

Administrative law — administrative decisions and acts — validity — acts performed by commission running affairs of city — commission effectively running affairs although its term had expired and its reappointment was unlawful — Kelsen's theory of effectiveness inapplicable — such decisions cannot be legitimated in terms thereof

Administrative law — review of administrative actions — distinction between review procedure and appeal procedure

Appeal — stare decisis — binding effect of previous decision of Supreme Court

Jurisprudence — Kelsen's theory of effectiveness — applicability — controversial theory — only applicable in extreme situations — does not apply to domestic law

Local government — urban council — senior employee — dismissal of — dismissal must be approved by Local Government Board — decision to dismiss not a decision of the Board — not necessary to cite Board in proceedings arising out of dismissal

Local government — urban council — senior officials — defects in election or appointment — validation of acts by such officials — such validation not applicable to commission appointed in place of entire council — not applicable where election of entire council in question