Andrew Kunaka and Kudakwashe Govo vs Secretary of Mines and Mining Development and The Provincial Mining Director Midlands Province and The Minister of Mines and Mining Development and Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza
{"issue_text":"Do applicants have locus standi to bring this application?","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are proprietors of AGK Mining Syndicate"}
{"issue_text":"Does this Court have jurisdiction to hear the application?","issue_type":"procedural","dispositive":"no","related_facts":"Previous orders were provisional interdicts, not final orders"}
{"issue_text":"Has the suspension of Certificate of Registration Number 31283 lapsed?","issue_type":"law","dispositive":"yes","related_facts":"Related cases HC1707/18 and HC1827/19 have been finalized"}
{"issue_text":"Are fourth and fifth respondents' continued mining activities unlawful?","issue_type":"law","dispositive":"yes","related_facts":"Certificate suspension has lapsed, respondents have no valid mining rights"}
{"issue_text":"Should a final interdict be granted?","issue_type":"law","dispositive":"yes","related_facts":"Applicants have clear right, irreparable harm, no alternative remedy"}
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background
Facts of the Case
Background
Applicants sought a declaratory order and final interdict regarding mining certificate registration number 31283. The certificate was suspended pending resolution of related cases HC1707/18 and HC1827/19, which have since been finalized. The fourth and fifth respondents continued mining activities despite the suspension.
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