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Harare High Court

Auriga Mineral Exploration Private Limited v Korzim Strategic Minerals Private Limited and Environmental Management Agency and Sheriff for Zimbabwe N.O

HH 639-23

Case Details

Court
Harare High Court
Date
29 November 2023
Citation
HH 639-23
Neutral Citation
[2023] ZWHH 639
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Mining lawEnvironmental lawInterdict law
Keywords
Exclusive Prospecting OrderEnvironmental impact assessmentMining without permitLocus standiInterdict requirements
Tags
Environmental protectionMining disputesInterdict applicationUrgent application
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Environmental Management Act
  • Environmental Management Act
  • Environmental Management Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the applicant have locus standi to seek an interdict for environmental protection?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant holds EPO 1806; environmental concerns affect public road"}
  • {"issue_text":"Have the requirements for granting an interdict been satisfied?","issue_type":"mixed","dispositive":"yes","related_facts":"Prima facie right; apprehension of harm; balance of convenience"}
  • {"issue_text":"Has the applicant exhausted available administrative remedies before approaching court?","issue_type":"procedural","dispositive":"yes","related_facts":"EMA has powers under Environmental Management Act; Minister has powers"}
  • {"issue_text":"Is there material non-disclosure affecting the urgency of the application?","issue_type":"procedural","dispositive":"yes","related_facts":"Mining dispute between parties; applicant's own mining activities"}
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background
Facts of the Case

Background

Auriga Mineral Exploration, holder of Exclusive Prospecting Order 1806, sought an urgent interdict against Korzim Strategic Minerals to cease mining operations that allegedly created a dangerous tunnel under a public road. The applicant claimed environmental disaster risk, while the respondent argued the applicant lacked locus standi and had not exhausted administrative remedies.
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