JUSTICE IN ZIMBABWE
69
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has been affected by the administrative action automatically has standing to bring an
action without proof of injury. 124
However, the Urban Councils Act was not enacted in the special interests of the voters
in a particular local authority area but instead in the broader constitutional and public
interest. The narrower interest of ratepayers is amply catered for under the special
principle relating to ratepayers.
On behalf of supporters of her political party: The applicant claimed that as the
Member of Parliament for one of the constituencies within the Harare local authority
area she had a right to make the application. Her party had won all the parliamentary
seats within Harare and would be likely to win most if not all of the Harare local
council seats when the council elections were held. She therefore argued that she had
the right to represent the interests of the majority of people in Harare who would be
registered voters in council elections.
The applicant’s political party was contesting the Harare Council elections and the
party would have been able to bring the application in its own name. However, the
applicant had not produced any proof that her political party had given her a mandate
to bring this action on its behalf.
A Member of Parliament does not, by virtue of that office, have legal standing to
bring an action on behalf of the people in her constituency and to represent their
interests in such litigation.
She had not proved that she was legally entitled to bring a representative action on
behalf of the Harare residents. She had not shown that the residents had given her a
mandate to represent them. She had also not sought to bring a claim in terms of the
Class Actions Act that would have required her to apply for leave from the High
Court to institute a class action on behalf of the residents of Harare.
As she had sought to bring the application on behalf of the residents of Harare without
first securing their consent, she had attempted “to bring faceless and voiceless parties
into the proceedings and substituting her own views and prejudices for theirs, and,
what is worse, without revealing her own personal interest in the matter.”
Select target paragraph3
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