MARUFU v MINISTER OF TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURAL DEVELOPMENT 2009 (2) ZLR 458 (H)

Flynote

Administrative law “ administrative decision “ administrative authority's duty to act lawfully, reasonably and fairly “ Minister making declaration that would operate unequally as between different groups of residentsof same city “ declaration unlawful “ Minister establishing toll gates on trunk roads close to a city “ local residents affected thereby “ need for Minister to avoid partial and unequal treatment between various classes of city residents “ Minister ordered to relocate the toll gate

Interpretation of statutes “ schedule to an enactment “ extent to which can be used to clarify or complement main body of enactment “ extent to which such schedules can be considered structural parts of an enactment

Statutes “ delegated legislation “ validity “ when can be declared to be ultra vires “ delegated legislation grossly unreasonable “ regulations should only be made where reasonably necessary to further the objects of the enabling Act “ inherent jurisdiction of courts to declare subsidiary legislation ultra vires if it cannot be construed so as to accord with the enabling Act

Statutes “ Toll Roads Act [Chapter 13:13] “ declaration of toll road “ road between places other than cities as defined by Urban Councils Act [Chapter 29:15] “ such road may be declared to be a toll road “ need for Minister to consult with city council before removing a road from its jurisdiction “ where such consultation is not required