Judgment No. CCZ 3/2016 8
Const. Application No. CCZ 123/13
section 33 by enacting a general and comprehensive administrative action as defined by
the Act.”
Two principles discourage reliance on the constitutional rights to administrative
justice. The first is the principle of avoidance which dictates that remedies should be found in
legislation before resorting to constitutional remedies.
The second principle is one of
subsidiarity which holds that norms of greater specificity should be relied on before resorting to
norms of greater abstraction.
The applicant is not challenging the constitutional validity of any provision of
AJA nor is she seeking to use the constitutional rights to administrative justice to interpret the
provisions of AJA.
The exceptional circumstances in which an applicant can rely on the
constitutional rights to administrative justice do not apply to the applicant. She ought to have
used the remedies provided for under AJA to enforce her rights to just administrative conduct.
The application is dismissed. There shall be no order as to costs.
CHIDYAUSIKU CJ:
I agree
ZIYAMBI JCC:
I agree