Patriotic Front-Zimbabwe African People's Union v Minister of Justice, Legal & Parliamentary Affairs 1985 (1) ZLR 305 (SC): Executive perogative; act of State; The term act of State should only be applied to those acts in respect of which the courts jurisdiction is ousted
Appeal against a judgment dismissing the assertion that the proclamations relating to the general election made by the President in terms of the Electoral Act were ultra vires the Act or ultra vires on the grounds that they were unreasonable.
The exercise of an executive perogative is not necessarily an act, the question of the validity of which is beyond the jurisdiction of the court. The term act of State should only be applied to those acts in respect of which the courts jurisdiction is ousted. All other executive acts, whether within the perogative or not, are subject to review on the usual grounds.
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