Judgment No. CCZ 5/15 5 Const. Application No. CCZ 23/14 • Whether the Minister of Transport (the Minister) should have been joined in these proceedings. • Whether TOBAZ and/or its members have the requisite locus standi to bring the present application. • Whether TOBAZ and its members are entitled to the relief that they seek. • Whether the agency agreement between the MIP and ZIMRA operates to violate the constitutional rights of TOBAZ, its members and local or foreign motorists. (This question only arises for determination if the first three issues are decided in favour of TOBAZ). Non-Joinder of the Minister The position taken by TOBAZ in this regard is that the failure to cite the Minister as a party to this application is not fatal. This is because it is not seeking any relief as against the Minister. As a matter of procedure, it is trite that a party instituting any legal proceedings must cite every person who has a direct and substantial interest in the matter or who is likely to be prejudicially affected by the relief sought therein. The failure to do so is not necessarily fatal in every case inasmuch as the courts have an inherent discretion to cure any material non-joinder by giving such directions as may be just and appropriate for that purpose. This is explicitly recognised in r 87 of the High Court Rules 1971.