Simelane N.O. and Others v Minister of Commerce Industry and Trade and Others (Civil Case 34 of 2022) [2023] SZSC 23 (16 June 2023)

Civil Procedure; review of decision by the Registrar of
Companies to decline the registration of an association; the
decision by the Registrar to refer the issue to parties not referred
to in the Act that only refers to the Registrar and on the Minister
being empowered to take a decision over the matter was contrary
to the spirit and the letter of the Act and rendered the process
legally flawed and null and void ab initio - Held that the
purported decision by the Registrar to decline the registration of
the Association is null and void ab initio - Held that the Appeal succeeds - Held that since the Registrar has already purportedly
made decision over matter it is referred to the Minister to
consider the application afresh and that he must advise the
Appellants of his decision in 60 days - Held that the rest of the
issues raised in the matter fall away- Held that no Order as to
costs is made.