Zimbabwe Rule of Law Journal |149
property or existing rights before he may be heard in his own interest, lays down that an individual
who can reasonably expect to acquire or retain some substantive benefit, advantage or privilege
must be permitted a hearing before a decision affecting him is taken. The proper question to ask
in any given case is therefore whether the person complaining is entitled to expect, in accordance
with ordinary standards of fairness, that the rules of natural justice will be applied.”
Thus, under such circumstances, it will be unfair to proceed and make the administrative decision
without hearing the affected party first.26
There are two related but distinct points which arise. First, it is clear that hundreds of residents
whose houses have been demolished had substantive rights or benefits which stood to be affected
by the local authorities’ decision to demolish the houses. Consequently, it is submitted that they had
a legitimate expectation to be heard before any decision affecting their rights was to be taken. The
city fathers were bound by rules of natural justice to invite the residents whose houses were to be
demolished to make representations before the local authorities before proceeding to raze down their
houses. It is common cause that no such opportunity was ever accorded to the residents thereby
violating the principles of natural justice. In most cases, the residents were merely given twenty-four
hour notice to vacate. Accordingly, the house demolitions fail to satisfy the administrative conduct
standards set by s 68 of the Constitution and are therefore potential violations of the affected people’s
right to administrative justice.
Further and in any event in light of the new constitutional dispensation it is submitted that the
legitimate expectation principle is no longer a requirement for the applicability of the principles of
natural justice. Section 68 states that every person has a right to administrative conduct that is
procedurally and substantively fair whether or not they have a legitimate expectation (my emphasis).
In this regard, it is put forward that the applications of the principles of natural justice have been
entrenched by s 68 of the Constitution. It follows then that any administrative conduct has to fall
26
See also Taylor v Minister of Higher Education & Anor 1996 (2) ZLR 772 (S)
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