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    LB004

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    This document contains instructions and questions for an Administrative and Local Government Law exam. It is divided into two sections - Section A on Administrative Law, with 6 questions, and Section B on Local Government Law, with 3 questions. Students must answer 3 questions from Section A and 1 from Section B. The questions cover topics such as the role of Parliament in relation to executive powers, when it is justifiable to make decisions without a hearing, dealing with allegations of bias, state privilege claims, delegation of powers, appointment of the Ombudsman, and challenges to administrative decisions.

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    LB004

    Uploaded by

    Panganayi James
    60 views4 pages
    This document contains instructions and questions for an Administrative and Local Government Law exam. It is divided into two sections - Section A on Administrative Law, with 6 questions, and Section B on Local Government Law, with 3 questions. Students must answer 3 questions from Section A and 1 from Section B. The questions cover topics such as the role of Parliament in relation to executive powers, when it is justifiable to make decisions without a hearing, dealing with allegations of bias, state privilege claims, delegation of powers, appointment of the Ombudsman, and challenges to administrative decisions.

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    This document contains instructions and questions for an Administrative and Local Government Law exam. It is divided into two sections - Section A on Administrative Law, with 6 questions, and Section B on Local Government Law, with 3 questions. Students must answer 3 questions from Section A and 1 from Section B. The questions cover topics such as the role of Parliament in relation to executive powers, when it is justifiable to make decisions without a hearing, dealing with allegations of bias, state privilege claims, delegation of powers, appointment of the Ombudsman, and challenges to administrative decisions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    60 views4 pages

    LB004

    Uploaded by

    Panganayi James
    This document contains instructions and questions for an Administrative and Local Government Law exam. It is divided into two sections - Section A on Administrative Law, with 6 questions, and Section B on Local Government Law, with 3 questions. Students must answer 3 questions from Section A and 1 from Section B. The questions cover topics such as the role of Parliament in relation to executive powers, when it is justifiable to make decisions without a hearing, dealing with allegations of bias, state privilege claims, delegation of powers, appointment of the Ombudsman, and challenges to administrative decisions.

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    © All Rights Reserved
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    UNIVERSITY OF ZIMBABWE

    Administrative and Local Government Law

    LB0 04

    2003

    Duration of examination: 3 hours

    Instructions:

    Students must answer THREE questions from Section A and ONE question from Section B.

    Each question carries 20 marks. Where questions are subdivided into more than one part, all
    parts of the question must be answered and the twenty marks for the question will be equally
    divided between the subparts.

    In this examination candidates may refer to their own annotated copies of Feltoe A Guide to
    Zimbabwean Administrative Law.

    _____________________________________________________________________

    SECTION A – Administrative Law

    Answer THREE questions from this Section

    Question 1

    In a country in which the executive branch is dominant and the ruling party has a large
    majority in Parliament, it is unlikely that Parliament can and will exercise effective control
    over the executive to ensure it does not abuse its powers.

    Critically comment on this statement and state what you think should be the proper role of a
    Parliament in relation to delegation of powers to the executive.

    Question 2

    a) Usually a person should be heard from first before an administrative decision is made
    that affects him or her. When, if ever, is it justifiable to make a decision before first
    hearing from those affected and what should happen after such a decision has been
    made?

    b) Where a review court has found that there were reviewable irregularities in a decision
    making process, when, if ever, is it permissible for that court to make the
    administrative decision itself instead of referring the matter back to the administrative
    body?
    Question 3

    a) With reference to case law, explain how the courts deal with cases of alleged bias
    other than those where actual bias is alleged.

    b) Do you think that whenever a person is entitled to an oral hearing before an


    administrative body, he or she should be entitled to be legally represented at that
    hearing?

    Question 4

    a) Should a court ever uphold a State privilege claims that is made in the context of a
    criminal case?

    b) What difficulties can a private person or private company face when seeking to
    enforce a contract entered into with the State or when claiming damages for breach of
    such a contract?

    Question 5

    a) When will an administrative authority not be permitted to sub-delegate the power it


    has been given?

    b) Discuss the view that Parliament should appoint the Ombudsman and that the
    Ombudsman should be accountable to Parliament for proper performance of his or
    her duties?

    Question 6

    a) Mrs Moyo works as a secretary for the Zimbabwe Electricity Supply Authority. In
    1998, when she was working for ZESA in Bulawayo, she married her husband. At the
    time they got married, Mr Moyo was living and working in Harare so Mrs Moyo
    requested a transfer to Harare in order that she could be with her husband. ZESA
    granted her request and she has been working in Harare since then. She now has two
    children who are at school in Harare. However, one month ago, the manager of her
    ZESA branch in Harare, Mr Hatred Mpofu, suddenly informed her that she had been
    transferred with immediate effect to the ZESA branch in Mutare and that she must
    take up this new position immediately.

    Mrs Moyo strongly objects to this decision to transfer her, as it would mean that she
    would be separated from her husband. She says that Mr Mpofu knows that she was
    allowed a transfer to Harare in order that she can be with her husband. She believes
    that the reason why Mr Mpofu has taken this action is to punish her for refusing to
    have sexual intercourse with him when he asked her to do so. She says that there are a
    large number of secretaries in Harare, some of whom are unmarried and that another
    secretary could easily be found who would be willing to go to Mutare.

    Advise Mrs Moyo as to whether she has good grounds for taking this matter on
    review to the High Court.

    b) Mr Humdrum has lived and worked in Zimbabwe for the last fifteen years. He is an
    accountant and works for a large firm of accountants in Harare. He is a permanent
    resident and has held a valid work permit over the entire period of time that he has
    worked in Zimbabwe.
    Three months ago the Economics Society held a public meeting in Harare to discuss
    the economic problems besetting Zimbabwe currently. Mr Humdrum was one of the
    speakers at that meeting. In his address he criticised some of the fiscal policies of the
    Government.

    One week after his speech at the Economics Society, he was summoned to the
    Immigration Department and told that the Minister had declared him a prohibited
    immigrant and must leave the country within one week otherwise he would be
    deported. He asked why this decision was made. The immigration officer refused to
    disclose the reasons for it and said that, in terms of the Act, the immigration
    authorities did not have to disclose reasons.

    Mr Humdrum seeks your advice as to whether he can challenge the decision to


    declare him a prohibited immigrant. He says that he has made written representations
    to the Minister, but the Minister had confirmed the original decision. Mr Humdrum
    says that he had done absolutely nothing that would justify this decision. He strongly
    believes that the reason why the decision had been taken was is that he had offended
    high-ranking government officials by criticising certain of the government’s fiscal
    policies.

    Advise Mr Humdrum.

    Assume that the relevant provisions of the Immigration Act are as follows:

     A person may be declared a prohibited immigrant if, from information received


    from any source, the Minister deems him to be an undesirable inhabitant of or
    undesirable visitor to Zimbabwe.

     Any person declared to be a prohibited immigrant may make representations in


    writing to the Minister against such decision and the Minister may confirm or
    reverse such decision.

     The decision of the Minister in relation to such representations shall be final and
    binding and the person affected by the decision shall have no right of appeal to a
    court of law against the decision.

     No person declared to be a prohibited immigrant is entitled to be provided with


    reasons for the Minister’s decision.

    SECTION B -Local Government Law

    Answer ONE question from this section

    Question 7

    We need to depoliticise urban local government. What we need are competent persons with
    appropriate professional skills to run urban councils in large cities, and not persons elected
    simply because of their political affiliations.

    Critically discuss this comment.


    Question 8

    Compare the powers and functions of Urban Councils in large cities with those of local
    government bodies in smaller urban centres, and comment upon the financial problems faced
    by Urban Councils that make it difficult for them to perform their functions efficiently and
    effectively.

    Question 9

    Critically discuss the Minister’s powers to issue directives to an elected Urban Council and to
    suspend Council members and to appoint Commissioners in their place.

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