Judgment No. CCZ 5/15 6
Const. Application No. CCZ 23/14
It is not in dispute that it was the Minister’s predecessor who granted the
necessary statutory approval, through his agreement with the MIP in 1965, enabling the
members of the MIP to issue temporary insurance cover for foreign motor vehicles. One
of the complaints raised by TOBAZ is that the MIP per se cannot issue insurance cover
and that, therefore, it cannot authorise ZIMRA to do so as its agent. In my view, this
contention does not impinge upon the continuing validity or operability of the agreement
concluded in 1965. In other words, it does not call into question the Minister’s authority
or the approval conferred by him under that agreement.
The same applies to the substantive relief that is sought by TOBAZ as against the
respondents, viz. that the agency agreement of 2010 between the MIP and ZIMRA be
nullified and that ZIMRA be compelled to accept insurance cover outside the terms of its
mandate from the MIP. Given that the 2010 agreement is not predicated on the 1965
agreement, none of the relief sought has any direct bearing on the Minister’s powers or
the exercise of his discretion under the Road Traffic Act.
In the premises, I take the view that the Minister’s interest in the present matter is
purely peripheral and that any relief that might be granted in favour of TOBAZ will not
have any appreciable impact on his rights. It follows that the non-joinder of the Minister
in casu cannot be said to be material and, therefore, cannot be held to have been fatal.
Accordingly, ZIMRA’s objection in limine cannot be sustained and must be dismissed.