Tsikwa & Ors v Public Service Commission & Ors (HH 20 of 2002) [2002] ZWHHC 20 (22 January 2002)

Tsikwa & Ors v Public Service Commission & Ors (HH 20 of 2002) [2002] ZWHHC 20 (22 January 2002)

Applicants were duly appointed as magistrates and became entitled to the salary and benefits of that office from the date they took the oath of office; the regulations were not ultra vires, but the Ministry failed to implement them correctly.

Citation
[2002] ZWHHC 20
Parties
Applicant: Clever Tsikwa; Applicant: Crispen Berewere; Applicant: Milton Serima; Applicant: Walter Chikwanha; Respondent: Public Service Commission; Respondent: Minister of Justice, Legal and Parliamentary Affairs; Respondent: Director Salary Service Bureau
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
22 January 2002
Case Number
HH 20 of 2002
Procedural Posture
Opposed Application / Judgment
Outcome
Application allowed in part
Legal Topics
Appointment of Magistrates, Remuneration of Judicial Officers, Ultra Vires Regulations, Equal Pay for Equal Work
Source Language
English
Employment Law Administrative Law Public Service Law Appointment of Magistrates Remuneration of Judicial Officers Ultra Vires Regulations Equal Pay for Equal Work

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Parties

Clever Tsikwa

Applicant

Crispen Berewere

Applicant

Milton Serima

Applicant

Walter Chikwanha

Applicant

Public Service Commission

Respondent

Minister of Justice, Legal and Parliamentary Affairs

Respondent

Director Salary Service Bureau

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether applicants became magistrates from the date of taking the oath of office
  2. 2 Whether applicants were entitled to magistrate salary and benefits from that date
  3. 3 Whether the regulations were ultra vires the Magistrates Court Act

Ratio Decidendi

Applicants were duly appointed as magistrates and became entitled to the salary and benefits of that office from the date they took the oath of office; the regulations were not ultra vires, but the Ministry failed to implement them correctly.

Court Disposition

Application allowed in part

Orders

  • Applicants declared to have been appointed as magistrates from the date of taking the oath of office.
  • Public Service Commission ordered to pay each applicant the salary of a magistrate from the relevant date.