Judgment No. CCZ 5/15 3
Const. Application No. CCZ 23/14
The relief sought by TOBAZ is a declaratur that it and its members have been
denied the above-mentioned constitutional rights and that the agency agreement between
the MIP and ZIMRA is consequently null and void. TOBAZ also seeks a mandamus
compelling ZIMRA to accept insurance cover obtained from any registered, licensed and
approved insurer.
The MIP is an association formed under an agreement concluded between several
registered insurers and executed on 16 December 1964. Pursuant to its formation, a
further agreement was concluded on 4 January 1965 between the MIP and the then
Minister of Roads and Road Traffic. In terms of this later agreement, nominated members
of the MIP were authorised to issue temporary insurance permits to motorists entering the
country. The effect of the agreement was to approve the members of the MIP as issuers
of policies of insurance in respect of foreign motor vehicles, in terms of the precursor to
s 23(1)(a)(i) of the Road Traffic Act, for the purposes of Part IV of the Act.
The MIP avers that its registered and approved members are legally authorised to
issue temporary insurance permits and collect premiums, either directly by themselves or
through ZIMRA as the duly appointed agent of the MIP. Insurance cover for foreign
motor vehicles represents a very small section of the motor insurance market. Thus, its
2010 agency agreement with ZIMRA does not constitute a monopoly, nor does it
contravene the Insurance Act, the Road Traffic Act or the Competition Act. Moreover,
the members of TOBAZ are not brokers or providers of insurance in terms of its own
Constitution. Therefore, the agency agreement does not in any way restrict their right to