1
HB 129-16
HC 1250-16
FANELE MAQELE
and
ALDRIN NYABANDO
and
TENDAI WARAMBWA
versus
VICE CHANCELLOR, PROFESSOR N.M BHEBHE N.O
and
MIDLANDS STATE UNIVERSITY
HIGH COURT OF ZIMBABWE
MATHONSI J
BULAWAYO 20 MAY 2016 AND 27 MAY 2016
Urgent Chamber Application
T. Chitere for the applicants
M. Jaravaza for the respondents
MATHONSI J:
The concept of administrative justice is one which chimes to a
certain degree with the notion that administrative authorities which are charged with the
responsibility and power to take administrative action affecting the rights, interests, or legitimate
expectations of any person should act lawfully, reasonably and in a fair manner, within a
reasonable period. Where it has taken action, it must supply written reasons within a reasonable
period. See Mabuto v Women’s University in Africa and Others HH 698/15.
In fact administrative justice is now embedded in our constitution as s68 (1) of the
constitution provides that every person has a right to administrative conduct that is lawful,
prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally
fair. In addition, s3(1) of the Administrative Justice Act [Chapter 10:28] provides that an
administrative authority which has the power and responsibility to take any administrative
action affecting the rights, interests or legitimate expectations of others shall act lawfully,
reasonably and fairly within a reasonable period.