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Harare High Court
Chanakira Masuku v Tariro Ndhlovu N.O. and Mistopher Khan and Minister of Mines and Mining Development N.O.
HH 299-23
Case Details
Court
Harare High Court
Date
31 December 2023
Citation
HH 299-23
Neutral Citation
[2023] ZWHH 299
Outcome
unknown
Case Type
Review
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Administrative LawMining Law
Keywords
Provincial Mining DirectorMining Commissionerjurisdictionstatutory authority
Tags
mining disputeadministrative reviewjurisdiction
legislation
Statutes Cited
- Mines and Minerals Act [Chapter 21:05]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a Provincial Mining Director have jurisdiction to determine mining disputes under the Mines and Minerals Act?","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent held himself out as Provincial Mining Director when determining dispute"}
- {"issue_text":"Was the applicant afforded a fair hearing in the administrative proceedings?","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of bias and predetermination"}
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background
Facts of the Case
Background
The applicant sought review of a mining dispute determination made by the first respondent (Provincial Mining Director). The applicant had invested US$200,000 in mining operations under a partnership agreement with the second respondent, later discovering the area was not covered by the second respondent's claim. The applicant then registered new claims (Somerset 791 and 792) which were approved by the first respondent. A dispute arose when the second respondent challenged these registrations, leading to a determination by the first respondent on 19 July 2022 favoring the second respondent.
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