Judgment No. CCZ 5/15 4
Const. Application No. CCZ 23/14
carry on any trade or profession as brokers or insurers. (The I&PC, in its opposing
papers, abides by the grounds of opposition advanced by the MIP).
ZIMRA takes the point in limine that the administration of motor insurance cover
for foreign motor vehicles is the prerogative of the Minister of Transport who appoints
approved parties to implement the relevant provisions of the Road Traffic Act.
Consequently, he should have been cited as a party to these proceedings, and the failure
to do so constitutes a material non-joinder. It is further averred that the MIP, acting
through its members, acquired the requisite statutory approval to issue temporary
insurance cover for foreign motor vehicles. Thereafter, it duly mandated ZIMRA as its
agent to issue insurance cover and collect premiums on its behalf. In contrast, TOBAZ
and its members are not authorised to issue short term insurance cover to foreign
motorists. It should therefore apply to the Minister of Transport for approval under the
Road Traffic Act if its members wish to venture into motor insurance.
In its answering affidavit, TOBAZ adopts a more limited approach to its
insurance activities. It accepts that it and its members are not registered insurers engaged
in the business of issuing insurance policies. Its members do not wish to issue such
policies but merely to arrange insurance cover for local and foreign tourists. It contends
that they have a right to do so and cannot be restricted in that regard.
The issues for determination in this matter, as I perceive them, are as follows: