Transport Operators Association of Zimbabwe v Minister of Transport and Another

In this application the applicant seeks relief in the form of a declaratur to the effect that the Road Traffic Act (Construction and Equipment Use) Regulations 2010 (Statutory Instrument 154 of 2010) ("the Regulations") and the amendments thereto are invalid, null and void or alternatively, that s 10(2) of the Regulations is ultra vires the Road Traffic Act [Cap 13:11] ("the RTA") and therefore null and void.

The brief background  is that after holding a number of consultative discussions on the mooted  fundamental  changes  to the Regulations  with  the applicant  and  other stakeholders, the second respondent proceeded to enact the Regulations whose main thrust was to ban the importation  of  and  the  eventual  phasing  out  of  heavy  left hand  drive  motor  vehicles  in Zimbabwe as these were purportedly deemed to be a threat to road safety on our roads.

The regulations in question were purportedly enacted in terms of s 81 of the RTA.

Alarmed by the manner in which the regulations were enacted and the general impact of the Regulations on its membership , the applicant sought legal intervention  in challenging the legality of such subsidiary legislation. As  indicated,  the applicant has  taken  issue with the  legality of the whole  Statutory lnstrument 154 of 2010 in the main and alternatively s 10(2) thereof. I now propose to deal with these issues in detail.

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